Republic v Retirement Benefits Appeals Tribunal; Kakwu (Exparte Applicant) (Judicial Review Application E068 of 2024) [2025] KEELRC 1187 (KLR) (24 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1187
- Citation
- [2025] KEELRC 1187 (KLR)
- Decided
- 24 April 2025
Summary at a glance
TypeJudicial Review ApplicationPostureEx-parte ApplicationCoramHS WASILWA
The court dismisses the application, finding that the application lacks merit and that the RBAT's process was rightful.
Facts
The ex-parte Applicant, Caroline Kakwu, was the wife of the late Prof. Jasper Imungi Kathenya and a nominee of his retirement benefits from the Milele Income Drawdown Fund. The deceased's children appealed the decision to the Retirement Benefits Appeals Tribunal (RBAT), which determined that Kakwu was not the rightful beneficiary. Kakwu then sought a judicial review.
Issues
- Whether the Employment and Labour Relations Court (ELRC) has jurisdiction to handle the matter of determining the beneficiary of a pension scheme.
- Whether the RBAT's decision violated the applicant's rights to a fair hearing and the principles of Fair Administrative Action as provided for under Articles 47 and 50 of the Constitution of Kenya, 2010.
Reasoning
The court determines that the ELRC does not have jurisdiction over pension matters and that the RBAT's process was proper, including the hearing of witnesses and consideration of expert evidence.
Outcome
The application is dismissed.
Authorities cited
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