Board of Trustees, Telposta Pension Scheme v Retirement Benefits Appeals Tribunal & 3 others (Civil Appeal E767 of 2023) [2024] KECA 1926 (KLR) (20 December 2024) (Judgment)

Facts

The 4th respondent and 948 others filed a complaint with the Retirement Benefits Authority (3rd respondent) alleging miscalculation and underpayment of their pension benefits. The 3rd respondent found the complaints unmerited and directed the appellant (Telposta Pension Scheme) to recalculate their benefits.

Issues

1. whether the learned judge erred by failing to undertake a merit review of the decision
2. whether the 1st respondent abdicated its duties by directing the appellant to compute and pay the 4th respondents benefits in accordance with a formula established
3. whether the orders sought before the High Court were merited

Reasoning

The court considered the appeal and found that the learned judge misdirected himself by holding that the appellant's application was an appeal disguised as a judicial review application. The court also noted that the learned judge overlooked Section 11 of the Fair Administrative Action Act.

Outcome

Appeal dismissed

Authorities cited