[2018] KEELRC 543 (KLR)
The Employment and Labour Relations Court lacks jurisdiction to withdraw and transfer proceedings from the Retirement Benefits Appeal Tribunal. Jurisdiction is strictly conferred by statute, and the applicant failed to demonstrate any legal basis for the Court to assume such jurisdiction. The Court relied on the...
Source-derived case information.
- Citation
- [2018] KEELRC 543 (KLR)
- Parties
- Applicant: Charles Masinde; Respondent: Retirement Benefits Authority; Respondent: The Trustees Sameer Africa Provident Fund
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 106 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection Regarding Jurisdiction
- Outcome
- application dismissed for want of jurisdiction
- Judges
- MSA Makhandia
- Legal Topics
- Jurisdiction of Court, Retirement Benefits Disputes, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Masinde
Applicant
Retirement Benefits Authority
Respondent
The Trustees Sameer Africa Provident Fund
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection Regarding Jurisdiction
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to withdraw and transfer proceedings from the Retirement Benefits Appeal Tribunal.
- 2 Whether the application to transfer Appeal No. 2 of 2018 to this Court is competent.
Ratio Decidendi
The Employment and Labour Relations Court lacks jurisdiction to withdraw and transfer proceedings from the Retirement Benefits Appeal Tribunal. Jurisdiction is strictly conferred by statute, and the applicant failed to demonstrate any legal basis for the Court to assume such jurisdiction. The Court relied on the Court of Appeal decision in Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & Another v Ann Wangui Ngugi & 524 Others (2018), which affirmed that jurisdiction cannot be assumed where it is not expressly provided by law. Consequently, the application was dismissed for want of jurisdiction.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application dated 10 September 2018 is dismissed with costs to the 1st Respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISC APPLICATION NO. 106 OF 2018
CHARLES MASINDE..............................................................................CLAIMANT
v
RETIREMENT BENEFITS AUTHORITY.................................1st RESPONDENT
THE TRUSTEES SAMEER AFRICA PROVIDENT FUND...2nd RESPONDENT
RULING
1. Charles Masinde (applicant) moved the Court on 11 September 2018 seeking orders
1. THAT the Honourable Court do withdraw from and transfer to this Court the proceedings before the Retirement Benefits Appeal Tribunal Appeal No. 2 of 2018, Charles Masinde v Retirement Benefits Authority.
2. …
2. When the Respondents were served with the application, the 1st Respondent filed a Notice of Preliminary Objection contesting the Court’s jurisdiction.
3. The applicant filed grounds in opposition to the preliminary objection, and the Court took arguments on 26 November 2018 (applicant’s advocate disappeared from Court before the arguments were taken).
4. The Court has considered the material placed before it and more so the Court of Appeal decision in Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & Ar v Ann Wangui Ngugi & 524 Ors (2018) and come to the conclusion that it has no jurisdiction over the dispute.
5. The application dated 10 September 2018 is dismissed with costs to the 1st Respondent.
Delivered, dated and signed in Nairobi on this 28th day of November 2018.
Radido Stephen
Judge
Appearances
For applicant Koceyo & Co. Advocates
For 1st Respondent Prof. Albert Mumma & Co. Advocates
For 2nd Respondent Waruhiu, K’Owade & Nganga Advocates
Court Assistant Lindsey