[2009] KEHC 2096 (KLR)
The court found that the Interim Administrator of the Kenya Medical Research Institute Staff Retirement Benefits Scheme had not completed the mandate as set out in the supporting affidavit. Given the necessity to conclude investigations and compile a report, the court exercised its discretion under section 45(2) of...
Source-derived case information.
- Citation
- [2009] KEHC 2096 (KLR)
- Parties
- Applicant: Edward Odungo; Respondent: Kenya Medical Research Institute Staff Retirement Benefits Scheme
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 10 July 2009
- Case Number
- Civil Suit 395 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application granted
- Judges
- FI Koome
- Legal Topics
- Retirement Benefits Scheme Administration, Extension of Administrator Mandate
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Odungo
Applicant
Kenya Medical Research Institute Staff Retirement Benefits Scheme
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court should extend the mandate of the Interim Administrator of the Kenya Medical Research Institute Staff Retirement Benefits Scheme.
- 2 Whether the Interim Administrator has completed the mandate as per the supporting affidavit.
Ratio Decidendi
The court found that the Interim Administrator of the Kenya Medical Research Institute Staff Retirement Benefits Scheme had not completed the mandate as set out in the supporting affidavit. Given the necessity to conclude investigations and compile a report, the court exercised its discretion under section 45(2) of the Retirement Benefits Act to extend the administrator's mandate. The absence of opposition and the clear need for further time justified granting the orders sought in the originating summons.
Court Disposition
application granted
Orders
- Prayer Nos. 1 and 2 in the originating summons dated 28th May 2009 are granted.
- The mandate of the Interim Administrator is extended to allow completion of investigations and compilation of a report.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL SUIT 395 OF 2009
IN THE MATTER OF KENYA MEDICAL RESEARCH INSTITUTE STAFF RETIREMENT BENEFITS SCHEME
AND
IN THE MATTER OF THE RETIREMENT BENEFITS ACT, NO. 3 OF 1997
RULING
Upon considering the Chamber Summons dated 28th May 2009, which is brought under section 45(2) of the Retirement Benefits Act and other provisions of the law, and the supporting affidavit by EdwardOdungo sworn on 28th May 2009. It is evident the Interim Administrator of Kenya Medical Research Institute Staff Retirement Benefit Scheme has not completed the mandate referred to paragraph 18 of the supporting affidavit. It is therefore necessary for the court to extend his mandate to conclude the investigations and compile a report. Accordingly, I hereby Grant prayer Nos. 1 and 2 as sought in the originating summons dated 28th May 2009. Costs of this application shall be in the cause.
RULING READ AND SIGNED AT NAIROBI THIS 10TH DAY OF JULY 2009.
M.K. KOOME
JUDGE