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WILFRIDA ARNODAH ITOLONDO V. BOARD OF TRUSTEES OF KENYATTA UNIVERSITY STAFF RETIREMENT BENEFITS SCHEME

(2017) JELR 92954 (CA)

Court of Appeal  •  Civil Appeal 28 of 2015  •  15 Dec 2017  •  Kenya

Coram
Philip Nyamu Waki, Martha Karambu Koome, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

This is an appeal from the Judgment of the High Court (Mumbi Ngugi, J.) delivered on the 26th day of November, 2014 dismissing the appellant’s petition, No. 410/2013 seeking various reliefs.

The background to the appeal is that, in August, 2013 the respondent was due to hold elections for positions of trustees of its staff pension scheme. The appellant expressed an interest to vie for the said position. She collected Nomination Forms, filled them and returned them to the respondent for clearance. In a meeting held on the 26th day of July, 2013, vide minute No. 4.0 thereof, the respondent invoked Rules VI and VII of its Nomination Rules to bar the appellant from vying for the said position for the reason that the appellant had a pending court case against the sponsor of the scheme; and second, that she was a union delegate, which in the respondent’s view, rendered her ineligible for nomination.

The appellant was aggrieved and filed the petition challenging the respon…

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