Trustees Of Telposta Pension Scheme v Attorney General & 5 others [2014] KEELRC 107 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 107
- Citation
- [2014] KEELRC 107 (KLR)
The Court declares the Retirement Benefits Act unconstitutional regarding appeal rights and the status of the Retirement Benefits Appeals Tribunal. It also declares the pension calculation using consolidated salary as unconstitutional and discriminatory.
Facts
The Petitioner, Trustees of Telposta Pension Scheme, is aggrieved by the decision of the 2nd Respondent, Retirement Benefits Authority, to award a pension package calculated on the basis of consolidated salary to management staff, instead of the basic salary as provided in the Trust Deed.
Issues
- Unconstitutionality of the Retirement Benefits Act regarding appeal rights
- Unconstitutionality of the Retirement Benefits Appeals Tribunal's status as a High Court
- Discrimination in pension calculation
- Inability to seek legal redress
Reasoning
The Court finds the Act unconstitutional due to its silence on appeal rights and the Tribunal's status, and the discriminatory nature of the pension calculation.
Outcome
The Court declares the Retirement Benefits Act unconstitutional and orders the High Court to hear and determine appeals from Retirement Benefits Appeals Tribunal decisions.
Orders
- Declaration that Retirement Benefits Act is unconstitutional regarding appeal rights
- Declaration that Retirement Benefits Act is unconstitutional regarding the status of the Retirement Benefits Appeals Tribunal
- Declaration that pension calculation using consolidated salary is unconstitutional and discriminatory
- Order for the High Court to hear and determine appeals from Retirement Benefits Appeals Tribunal decisions
Authorities cited
Legislation (2)
- Retirement Benefits Act, Cap 197, Laws of Kenya
- Constitution of Kenya 2010
Cases cited (1)
- Joseph Kipkorir Tanui –versus- Telkom Kenya Limited, NRB Industrial Court Case No. 254 of 2010
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