Association of Retirement Benefits Schemes v Attorney General & 3 others [2017] KEHC 8534 (KLR)
- Court
- High Court of Kenya
- Case number
- 8534
- Citation
- [2017] KEHC 8534 (KLR)
- Decided
- 9 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court of Kenya at NairobiCoramE. M. Githinji, Lenaola, Ngugi, Onguto, Ringera
Holding
The Retirement Benefits Authority is a public body and the act is constitutional.
Facts
The Association of Retirement Benefits Schemes challenged the constitutionality of section 2(o) of the Public Procurement and Disposal Act, 2015, alleging it infringes on the rights of pension scheme funds to property, freedom of equality, and freedom of contract, and violates Articles 19(2), 40, and 27 of the Constitution of Kenya.
Issues
- whether the petitioner is a public entity
- whether section 2(o) of the Public Procurement and Disposal Act is unconstitutional
Reasoning
The court applied the criteria set by the Indian Supreme Court to determine if the Retirement Benefits Authority is a public body. The court found that the Retirement Benefits Authority performs functions of a public nature and enjoys monopoly status, thus classifying it as a public body.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Public Procurement and Disposal Act, 2015
- Retirement Benefits Authority Act
Cases cited (7)
- International Airport Authority(R.D Shetty) vs The International Airport Authority of Indian & Ors
- Satrose Ayuma & 11 others v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme & 3 others
- Njoya and Others vs Attorney General
- K. Bhagirathi G. Shenoy and others v. K.P. Ballakuraya and another
- Quintin Johnstone, An Evaluation of the Rules of Statutory Interpretation
- Christopher G. Wren and Jill Robinson Wren, The Legal Research Manual: A game Plan for Legal Research and Analysis
- Tinyefunza vs A G of Uganda
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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