CAPTAIN (RTD) CHARLES MASINDE
V.
AUGUSTINE JUMA & 8 OTHERS

JUDGMENT OF THE COURT

1. The 1^st to the 6^th respondents are Trustees of General Motors East Africa Staff Retirement Benefits Scheme (the Scheme) which was established by the 7^th respondent on the 1^st November, 1977 under an irrevocable trust. The Scheme was for the benefit of the 7^th respondent’s employees. It was later registered on the 15^th December, 2000 as a retirement benefits scheme under the Retirement Benefits Act (Act).

2. The appellant automatically became a member of the Scheme upon his employment on the 1^st February, 1990. After rendering his services for a period of 11 years, the appellant tendered his resignation on the 9^th November, 2001 which was accepted by the 7^th respondent. The 7^th respondent then begun the process of calling up the withdrawal and payment of the appellant’s retirement benefits under the Scheme. Kabage and Mwirigi Insurance Brokers Ltd., the Scheme’s fund manager, computed the appellant’s gross retirement benefits under the Scheme at Kshs. 4,525,163.9…