Blasio Ondiek v Retirement Benefits Appeals Tribunal & 950 others; Retirement Benefits Authority (Interested party) [2021] KEHC 13238 (KLR)
- Court
- High Court of Kenya
- Case number
- 13238
- Citation
- [2021] KEHC 13238 (KLR)
- Decided
- 22 July 2021
The Court found that the Petitioner has jurisdiction over the Petition and that the proceedings and judgment in Tribunal Civil Appeal No. 7 of 2011 did not violate the Petitioner's rights under Articles 27, 40 and 47 of the Constitution.
Facts
Blasio Ondieki, a pensioner of the Teleposta Pension Scheme, is aggrieved that the Retirement Benefits Appeals Tribunal failed to involve him and other pensioners in a decision to pay Kshs.7.2 Billion to Boniface Mariga and 948 others. The Tribunal had previously made an actuarial calculation revealing underpayment of pension benefits to the pensioners.
Issues
- Whether this Court has jurisdiction over the Petition
- Whether the proceedings and the judgment in Tribunal Civil Appeal No. 7 of 2011 violated the Petitioner’s rights under Articles 27, 40 and 47 of the Constitution
- Remedies
Reasoning
The Court addressed the jurisdictional challenge, citing previous decisions on the centrality of jurisdiction in judicial proceedings. It concluded that the Petitioner has jurisdiction and that the proceedings did not violate the Petitioner's constitutional rights.
Outcome
The Petition is dismissed.
Authorities cited
Cases cited (6)
- David Ndii & 4 others v Attorney General & 3 others; Kenya Human Rights Commission & 2 others (Intended Amicus Curiae) [2020] eKLR
- Owners of Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Limited [1989] KLR 1
- Jamal Salim v Yusuf Abdulahi Abdi & another Civil Appeal No. 103 of 2016 [2018] eKLR
- Kakuta Maimai Hamisi -vs- Peris Pesi Tobiko & 2 Others (2013) eKLR
- Constitutional Application No. 2 of 2011 In the Matter of Interim Independent Electoral Commission (2011) eKLR
- Samuel Kamau Macharia & Another vs. Kenya Commercial Bank Limited & Others (2012) eKLR
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