[2019] KEHC 10885 (KLR)

[2019] KEHC 10885 (KLR)

The court found that the 2nd Respondent's failure to appoint members of the Retirement Benefits Appeal Tribunal since the expiry of the previous members' term constituted a clear dereliction and abdication of statutory duty. This inaction directly violated the Petitioners' constitutional rights to access to justice...

Source-derived case information.

Citation
[2019] KEHC 10885 (KLR)
Parties
Applicant: Alice Anyona Mumo & 216 Others; Respondent: Attorney General; Respondent: Hon. Henry Rotich, Cabinet Secretary for Finance; Respondent: Nzomo Mutuku, Acting D.E.O., Retirement Benefits Authority
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 September 2019
Case Number
Petition 88 of 2018
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition_allowed
Judges
EC Mwita
Legal Topics
Access to Justice, Right to Fair Administration, Statutory Duties of Public Officers, Retirement Benefits Appeals, Judicial Review of Executive Inaction, Public Service Accountability
Source Language
english
Constitutional Law Administrative Law Employment and Labour Access to Justice Right to Fair Administration Statutory Duties of Public Officers Retirement Benefits Appeals Judicial Review of Executive Inaction +1 more

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Parties

Alice Anyona Mumo & 216 Others

Applicant

Attorney General

Respondent

Hon. Henry Rotich, Cabinet Secretary for Finance

Respondent

Nzomo Mutuku, Acting D.E.O., Retirement Benefits Authority

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the 2nd Respondent's failure to appoint members of the Retirement Benefits Appeal Tribunal constitutes a dereliction of statutory duty.
  2. 2 Whether such failure violates the Petitioners' constitutional rights to access to justice and fair administrative action.
  3. 3 Whether the 1st Respondent (Attorney General) is also culpable for failing to ensure the tribunal's functioning.

Ratio Decidendi

The court found that the 2nd Respondent's failure to appoint members of the Retirement Benefits Appeal Tribunal since the expiry of the previous members' term constituted a clear dereliction and abdication of statutory duty. This inaction directly violated the Petitioners' constitutional rights to access to justice and fair administrative action as guaranteed under Articles 47, 48, and 159 of the Constitution. The court emphasized that statutory procedures for redress must be strictly followed, and the absence of a functioning tribunal effectively denied the Petitioners the ability to have their appeals heard and determined. The 1st Respondent, as principal legal advisor, also bore...

Court Disposition

petition_allowed

Orders

  • A declaration is issued that the 2nd Respondent's failure to appoint members of the Appeals Tribunal as contemplated by section 47(2) of the Retirement Benefits Act has violated the Petitioners' constitutional rights and fundamental freedoms under Articles 47, 48, and 159 of the Constitution.
  • An order is issued directing the 2nd Respondent to reconstitute the Retirement Benefits Appeal Tribunal under section 47 of the Retirement Benefits Act within sixty (60) days from the date of judgment.