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ASSOCIATION OF RETIREMENT BENEFITS SCHEMES
V.
ATTORNEY GENERAL & 2 ORS

(2022) JELR 113666 (CA)

Court of Appeal 28 Apr 2022 Kenya
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Case Details

Suit Number:Civil Appeal 283 of 2017
Judges:W Karanja, JA MSA Makhandia, JA KI Laibuta, JA
Location:Nairobi

JUDGMENT

  1. This appeal arises from the judgment and decree of the Hon. Justice J. Mativo delivered on March 9, 2017 in the High Court of Kenya at Nairobi (Constitutional and Human Rights Division) Petition No. 170 of 2016 in which the appellant, Association of Retirement Benefit Schemes, had petitioned the court seeking –

    (a) spent;

    b) a declaration that section 2 (o) of the Public Procurement and Asset Disposal Act, 2015 (hereinafter referred to as “the Act”) is unconstitutional and, therefore, null and void to the extent of its inconsistency with the Constitution;

    (c) a declaration that section 2 (o) of the Act is invalid as it infringes on the pension funds of public entities’ right to property and freedom of equality;

    (d) a declaration that the pension funds of public entities’ basic rights as well as constitutionally guaranteed rights and freedoms have been violated; and

    (e) costs of the petition.

  2. In their petition dated April 28, 2016, the appellant claimed that the pension funds of publ…

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