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Harry John Paul Arigi, Joan Zawadi Karema & Renson Juma Thoya (Suing As Elected Trustees Of The Kenya Ports Authority Retirement Benefits Scheme, 2012 v. Kenya Ports Authority, Managing Director, Kenya Ports Authority & General Manager, Board and Legal Services, Kenya Ports Authority

(2015) JELR 98325 (CA)

Court of Appeal  •  Civil Application 34 of 2015  •  30 Sep 2015  •  Kenya

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

Judgement

RULING OF THE COURT

We have once more been asked to walk this familiar and well-trodden path by the applicants who in their motion on notice pray that the orders made on 2nd June, 2015 by the High Court (Emukule, J.) and further proceedings in the High Court, Constitutional Petition No.24 of 2015 be stayed pending the hearing and determination of an intended appeal challenging the aforesaid order of 2nd June, 2015. This is briefly how this dispute arose. The applicants are the elected trustees of the Kenya Ports Authority Retirement Benefits Scheme, having been elected as such on 27th November, 2014. The affairs and business of the scheme are transacted through a board of trustees on which the members and the founder (the Kenya Ports Authority) are represented. The board of trustees are permitted by the trust deed to invest in a prescribed manner.

Pursuant to this power the board resolved during its meeting of 24th October, 2014 to purchase some two properties from its sister scheme, -t…

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