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Cyrus Wanyeri Kanyi & 101 others v Kenya Commercial Bank & another [2020] KEELRC 36 (KLR)

[2020] KEELRC 36 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
36
Citation
[2020] KEELRC 36 (KLR)
Decided
15 December 2020
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePetitionPostureRespondents' motion to strike out the PetitionCoramNzioki wa Makau
The Petition is struck out and the Respondents are ordered to bear their own costs.

Facts

The Petitioners are former employees of Kenya Commercial Bank who claim they were entitled to retirement benefits under the Retirement Benefits Act and trust deed. They assert that the Respondents refused to provide them with information about their retirement benefits, leading to complaints and subsequent appeals.

Issues

  • Jurisdiction of the Employment & Labour Relations Court
  • Res judicata (res judicata)

Reasoning

The Court finds that the issues raised in the Petition are res judicata as they were previously adjudicated by the Supreme Court in a similar case involving the same parties and the same issues.

Outcome

Struck out

Orders

  • The Petition is struck out and each party to bear their own costs.

Authorities cited

Legislation (3)
  • Retirement Benefits Act
  • Employment & Labour Relations Court Act
  • Trustee Act
Cases cited (4)
  • Albert Chaurembo Mumba & 7 Others v Maurice M. Munyao & 148 Others [2016] eKLR
  • Thomas Owen Ondiek & Another v National Bank of Kenya & Another [2015] eKLR
  • Motor Vessel Lilian “S” v Caltex Oil (K) Limited [1989] KLR 1
  • Retirement Benefits Appeals Tribunal
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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