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JOSHUA SEMBEI MUTUA
V.
ATTORNEY GENERAL & 2 OTHERS

(2019) JELR 100538 (CA)

Court of Appeal 11 Oct 2019 Kenya
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Case Details

Suit Number:Civil Appeal 93 of 2015
Judges:Philip Nyamu Waki, Milton Stephen Asike Makhandia, Fatuma sichale
Location:Nairobi
Other Citations:Joshua Sembei Mutua v. Attorney General & 2 others [2019] eKLR

JUDGMENT OF THE COURT

On 23rd February 2015, the High Court (Odunga, J.) determined a Judicial Review (JR) application taken out by the 3rd respondent, Kenya Airports Authority Staff Retirements Benefits Scheme (KAA-SRBS) and issued an order of certiorari against the 2nd respondent, Retirement Benefits Appeals Tribunal (RBAT), quashing RBAT's decision made on 29th August 2013 in Appeal Case No. 4 of 2012. It also issued an order of prohibition restraining RBAT from proceeding any further with the appeal or enforcing its decision. In passing, it seems odd that an order of prohibition would issue to stop enforcement of an order that has already been quashed by certiorari. Be that as it may, that decision is now being challenged before us by Joseph Sembei Mutua (Mutua) who was a former employee of Kenya Airports Authority (KAA) and consequently a member of KAA-SRBS. He had filed the initial complaint before the Retirement Benefits Authority (RBA) about the calculation of his pension, whi…

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