LOCAL AUTHORITIES PENSIONS TRUST (LAPTRUST) V. CHAIRMAN RETIREMENT BENEFITS APPEAL TRIBUNAL, STEPHEN MUTEITHIA MBOROKI & CHIEF EXECUTIVE OFFICER RETIREMENT BENEFITS AUTHORITY

JUDGMENT OF THE COURT

The immediate trigger for the appeal before us was the refusal by the High Court (G. v. Odunga, J.) to quash, by way of certiorari, the decision of the 1^st respondent (Retirement Benefits Appeals Tribunal) (the Tribunal) made on 19^th October, 2012. But there is a history behind it which we may relate briefly.

At the centre of the dispute is the 2^nd respondent (Stephen). He had worked as a civil servant (engineer) for the Central Government of Kenya from 1979 to August 1988 when he was transferred to the Local Authorities. For a period of about 21years, from 1988 to 2009, he was an employee of Nanyuki Municipal Council (the council) in various capacities and salary levels, as well as the council's Water and Sewerage Company (NAWASCO), as its Managing Director, earning Ksh.150,000 per month. As such employee, he was eligible to join and was admitted to the council's retirement benefits scheme known as the Local Authority Pensions Trust (LAPTRUST), which is the appell…