The Supreme Court of Kenya has dismissed an application by Standard Chartered Bank Kenya Limited seeking to block a Court of Appeal ruling that ordered the lender to pay millions of shillings in pension dues owed to former employees.
In a bench ruling delivered by Vice President of the Court and Deputy Chief Justice Philomena Mwilu, the apex court held that it lacked jurisdiction to hear the appeal, since the matter did not involve constitutional interpretation or application as required under Article 163(4)(a) of the Constitution.
“Even though it was indicated that the judicial review application was also brought pursuant to Articles 25, 47, 50, 165(6) (7) and 169(2), it neither involved the interpretation or application of these constitutional provisions, nor did the superior courts below interpret or apply the Constitution or take a constitutional trajectory.
On the basis of the foregoing, it is clear to us that this Court lacks jurisdiction to hear and determine the intended appeal and the application for stay attendant thereto,” Mwilu stated.
The ruling marks the latest development in a long-running dispute between StanChart and retrenched employees over pension entitlements.
The case originated when the Retirement Benefits Authority (RBA) dismissed claims by the retirees, prompting an appeal to the Retirement Benefits Tribunal, which ruled in favour of the workers. The Tribunal directed the bank to correctly compute and pay out their pension benefits.
StanChart challenged the decision in the High Court, which dismissed its petition. The bank then moved to the Court of Appeal, arguing that the Tribunal had acted outside its jurisdiction by failing to take oral evidence and by exceeding its mandate in ordering the computation of pension benefits.
However, the appellate court upheld the Tribunal’s decision, ruling that it was within its powers to rely on written submissions and to exercise procedural flexibility.
The CoA further emphasized that the bank had consented to the procedure and actively participated in the process.
