Washika & 6 others v Retirement Benefits Appeals Tribunal; Retirement Benefits Authority (Interested Party) [2025] KEHC 3658 (KLR)

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