Republic v Retirement Benefits Authority Exparte Abraham Mackie Mutisya Kilonzo & 39 others [2017] KEHC 928 (KLR)
- Court
- High Court of Kenya
- Case number
- 928
- Citation
- [2017] KEHC 928 (KLR)
- Decided
- 7 December 2017
The court lacks jurisdiction to entertain the application as the matter is subjudice the pending appeal before the tribunal.
Facts
The applicants are members of the Housing Finance Company of Kenya Pension Scheme. They filed an application for leave to apply for judicial review orders of mandamus to compel the respondent (Retirement Benefits Authority) to determine their complaint filed on 15th April 2014 in accordance with the Retirement Benefits Act. The respondent filed a preliminary objection contending that the matter was subjudice as the subject matter is pending before the Retirement Benefits Tribunal.
Issues
- Whether this court has jurisdiction to hear and determine the application by the exparte applicants and if so
- Whether the application for leave is merited
- What orders should this court make
- Who should bear the costs of the application
Reasoning
The court considers the application for leave, the preliminary objection by the respondent, and the submissions filed by both parties' advocates. The court concludes that the matter is subjudice as the subject matter is pending before the Retirement Benefits Tribunal.
Outcome
The court dismisses the application for leave to apply for judicial review orders of mandamus.
Authorities cited
Legislation (1)
- Retirement Benefits Act, Cap 197 Laws of Kenya
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