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Albert Chaurembo Mumba & 7 others (sued on their own behalf and on behalf of their predecessors and/or successors in title, as the registered trustees of the Kenya Ports Authority Pension Scheme v. Maurice M.Munyao & 148 others (suing on their own behalf and on behalf of the some members/beneficiaries of the Kenya Ports Authority Pension Scheme)

(2015) JELR 106227 (CA)

Court of Appeal  •  Civil Appeal 38 of 2014  •  3 Jul 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

In dispute between the parties, are various trust deeds and rules drawn pursuant to the Kenya Ports Authority Pension Scheme. The deeds and rules were prepared and/or amended on diverse dates by the firm of Kaplan and Stratton Advocates. The contentious 2002 deed of amendment amended the previous deed and removed the provision that permitted members of the scheme to give their consent before the introduction by amendment of any clause in the deed that would diminish their benefits. The amendment aggrieved the members who instituted a claim against the trustees of the scheme. Makau, J found in his judgment inte ralia that, as a result of the aforesaid amendment, the aggregate pension arrears owed to the claimants as at July 2012 stood at Kshs.201,981,424.50 and that the deed of amendment and rules were fraudulent and illegal in so far as it decreased the pension benefit of the members.

The trustees are themselves now aggrieved by this finding and intend to challenge i…

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