GEORGE OMONDI & 210 OTHERS V. RETIREMENT BENEFITS APPEALS TRIBUNAL, CENTRAL BANK OF KENYA PENSION FUND & RETIREMENT BENEFITS AUTHORITY

JUDGMENT OF THE COURT

1. In its judgment, the subject of this appeal, that was delivered on 28^th August 2015, the Employment and Labour Relations Court (ELRC) upheld a preliminary objection by the 3^rd respondent, Retirement Benefits Authority (RBA) and dismissed the appellants’ appeal with costs on the ground that the ELRC has no jurisdiction to hear and determine an appeal arising from a decision of the Retirement Benefits Appeals Tribunal, 1^st respondent (RBA Appeals Tribunal). The learned Judge of the ELRC, M. N. Nderi, J., pronounced:

“This court ... is not persuaded that it has jurisdiction to entertain an appeal from a decision of the Retirement Benefits Appeals Tribunal established under Section 47 of the Retirement Benefits Act, Cap. 197 of the Laws of Kenya. To hold otherwise would be resulting (sic) to innovation and craft since the Act does not expressly confer such appellate jurisdiction on the High Court or the Employment and Labour Relations Court.”

2. The appellants are ag…