Republic v Retirement Benefits Appeal Tribunal & 2 others Ex-parte Kenya Airports Authourity Staff Superannuation Scheme (Suing Thro’ Its Trustees Catherine Kisila & Others ; Anthony Githaiga & 9 others (Interested Parties) [2018] KEHC 1865 (KLR)
- Court
- High Court of Kenya
- Case number
- 1865
- Citation
- [2018] KEHC 1865 (KLR)
This Court finds the 1st Respondent's decision to uphold the objection that the 1st, 3rd, 9th, 12th, 15th, 16th, and 17th Appellants were time barred is of no effect.
Facts
The case involves appeals by employees of the Kenya Airports Authority Staff Superannuation Scheme against decisions of the Retirement Benefits Appeal Tribunal (RBAT). The 2nd Applicants appeal the dismissal of their appeal by the RBAT, claiming the proceedings are time barred.
Issues
- this Court's jurisdiction to hear the 2nd Applicants' application
- whether the 1st Respondent's decision to dismiss the appeal is time barred
Reasoning
The Court notes that the objection upheld by the 1st Respondent was specific to the complaint dated 30th May 2007, and the 1st Respondent acknowledged the filing of a fresh complaint on 14th June 2013. The Court is asked to review the decision of the 1st Respondent with respect to the complaint of 14th June 2013, not the complaint of 30th May 2007.
Outcome
The Court upholds the 1st Respondent's decision and proceeds to review the 2nd Applicants' appeal.
Authorities cited
Legislation (2)
- Civil Procedure Rules of 2010
- Retirement Benefits Act Cap 197
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