Anthony Kabimba Gusinjilu & 112 others v Tryponomiasis Research Institute [2021] KEELRC 1377 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1377
- Citation
- [2021] KEELRC 1377 (KLR)
- Decided
- 29 June 2021
Summary at a glance
The Employment and Labour Relations Court lacks jurisdiction to hear and determine the dispute between pensioners and the trustees of a pension scheme.
Facts
The Claimants sought to set aside an ex parte judgment and decree dated 10th July 2009, which ordered the Respondent to pay Kshs. 41,987,120/80 in retirement benefits, golden handshake, and costs.
Issues
- Supreme Court’s Jurisdiction over the dispute
- Original jurisdiction in the first instance to hear and determine the dispute between Pensioners and the Trustees of a Pension Scheme
Reasoning
The Supreme Court has held that the Employment and Labour Relations Court does not have jurisdiction to resolve issues between trustees of a pension scheme and members of the scheme (pensioners).
Outcome
The motion to set aside the ex parte judgment and decree is granted.
Orders
- The file should be mentioned on 5th July 2021 before the Presiding Judge of the Commercial Division of the High Court for hearing and determination as directed by the Court of Appeal.
⚠ 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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