[2025] KEHC 3658 (KLR)
The court found that the applicants' challenge to the jurisdiction of the Retirement Benefits Appeals Tribunal in Appeal No. 6/2024 was not prima facie frivolous and raised arguable issues suitable for judicial review. Consequently, leave to commence judicial review proceedings was granted. The court further...
Source-derived case information.
- Citation
- [2025] KEHC 3658 (KLR)
- Parties
- Applicant: Rodgers W. Washika; Applicant: Kenneth Boinett; Applicant: Gordon Ochieng Ochar; Applicant: John O. Jakaiti; Applicant: Aggrey Simiyu; Applicant: Ronald Luka; Applicant: Murithi Maina; Respondent: Retirement Benefits Appeals Tribunal; Interested Party: Retirement Benefits Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E066 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Ex Parte Leave Application
- Outcome
- Leave granted to commence judicial review; leave to operate as stay of enforcement of costs order; directions for filing substantive motion.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Leave to Apply, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodgers W. Washika
Applicant
Kenneth Boinett
Applicant
Gordon Ochieng Ochar
Applicant
John O. Jakaiti
Applicant
Aggrey Simiyu
Applicant
Ronald Luka
Applicant
Murithi Maina
Applicant
Retirement Benefits Appeals Tribunal
Respondent
Retirement Benefits Authority
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Ex Parte Leave Application
Legal Issues
- 1 Whether leave should be granted to challenge the decision of the Retirement Benefits Appeals Tribunal in Appeal No. 6/2024.
- 2 Whether the Tribunal had jurisdiction to hear and determine the appeal.
- 3 Whether the leave granted should operate as a stay of enforcement of the order for costs.
Ratio Decidendi
The court found that the applicants' challenge to the jurisdiction of the Retirement Benefits Appeals Tribunal in Appeal No. 6/2024 was not prima facie frivolous and raised arguable issues suitable for judicial review. Consequently, leave to commence judicial review proceedings was granted. The court further exercised its discretion to order that the leave so granted operates as a stay of enforcement of the costs order issued by the Tribunal, pending the hearing and determination of the substantive motion. The court directed that the substantive Notice of Motion be filed and served within 21 days, with costs of the application to be in the cause.
Court Disposition
Leave granted to commence judicial review; leave to operate as stay of enforcement of costs order; directions for filing substantive motion.
Orders
- Leave is granted to the applicants to challenge the decision of the Retirement Benefits Appeals Tribunal in Appeal No. 6/2024 as prayed in prayers 1, 2, and 3 of the Chamber Summons dated 18/3/2025.
- The substantive Notice of Motion to be filed and served within 21 days of this order.
Full Case Text
Judgment text and source record
38 paragraphs
Washika & 6 others v Retirement Benefits Appeals Tribunal; Retirement Benefits Authority (Interested Party) (Judicial Review Application E066 of 2025) [2025] KEHC 3658 (KLR) (Judicial Review) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3658 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E066 of 2025
RE Aburili, J
March 24, 2025
Between
Rodgers W. Washika
1st Applicant
Kenneth Boinett
2nd Applicant
Gordon Ochieng Ochar
3rd Applicant
John O. Jakaiti
4th Applicant
Aggrey Simiyu
5th Applicant
Ronald Luka
6th Applicant
Murithi Maina
7th Applicant
and
Retirement Benefits Appeals Tribunal
Respondent
and
Retirement Benefits Authority
Interested Party
Ruling
1. I have considered the application by way of chamber summons dated 18th March 2025 exparte, under certificate of urgency. The court did not find the matter urgent on 19/3/2025 and directed the applicant to pay the correct court fees which has not been paid.
2. On the question of whether leave should be granted to challenge the decision of the Retirement Benefits Appeals Tribunal in Appeal No. 6/2024 rendered on 7/11/2024, I observe that the applicant challenges jurisdiction of the Tribunal to hear and determine the Appeal which was filed by the applicants before the Retirement Benefits Authority and escalated to the Tribunal. The application is not prima facie frivolous at this stage as the court will have the opportunity to consider the merits in the main motion.
3. I grant leave to the applicants to challenge the said decision as prayed; in prayers 1, 2, & 3 of the Chamber Summons dated 18/3/2025.
4. The substantive Notice of Motion to be filed and served within 21 days of this order. In addition, I order that the leave so granted do operate as stay of enforcement of the order for costs awarded in Appeal No. 6/2024 by the Retirement Benefits Appeals Tribunal on 7/11/2024.
5. The substantive application to be filed in a separate file.
6. Costs of this application shall be in the substantive motion in any event.
7. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY THIS 24THDAY OF MARCH, 2025R.E. ABURILIJUDGE