Abdalla Osman & 628 others v Standard Chartered Bank(K) Limited & 11 others [2018] KEELRC 978 (KLR)
- Court
- Employment and Labour Relations Court
- Case number
- 978
- Citation
- [2018] KEELRC 978 (KLR)
- Decided
- 12 October 2018
- Judge
- ON Makau
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a preliminary objectionCoramON Makau
Holding
The court lacks jurisdiction to entertain the suit due to the doctrine of exhaustion, as the claimants have not exhausted the alternative procedure provided by the Retirement Benefits Act.
Facts
Former employees and pensioners are suing their former employer and pension schemes for arrears of lump sum pension.
Issues
- Whether the court has jurisdiction to entertain the suit.
- Whether there is an alternative procedure for resolving pension disputes established under the law.
- Whether the suit is res judicata
Reasoning
The court finds that the dispute is essentially a pension dispute between pensioners and their respective pension schemes, and the claimants have not followed the alternative procedure provided by the Retirement Benefits Act.
Outcome
The suit is dismissed.
Authorities cited
Legislation (2)
- Retirement Benefits Act
- Employment and Labour Relations Act
Cases cited (4)
- Speaker of National Assembly vs James Njenga Karume
- Geoffrey Muthinja & Another vs Emanuel Muguna Henry
- The Registered Trustees of Kenya Ports Authority Pension Scheme vs Maurice Munyao
- Emanuel Titus Manadu & 2 others vs The Registered Trustees of the Kenya Ports Authority Pension Scheme
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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