JUDGMENT OF THE COURT
The immediate trigger for the appeal before us was the refusal by the High Court (G. v. Odunga, J.) to quash, by way of certiorari, the decision of the 1st respondent (Retirement Benefits Appeals Tribunal) (the Tribunal) made on 19th October, 2012. But there is a history behind it which we may relate briefly.
At the centre of the dispute is the 2nd respondent (Stephen). He had worked as a civil servant (engineer) for the Central Government of Kenya from 1979 to August 1988 when he was transferred to the Local Authorities. For a period of about 21years, from 1988 to 2009, he was an employee of Nanyuki Municipal Council (the council) in various capacities and salary levels, as well as the council's Water and Sewerage Company (NAWASCO), as its Managing Director, earning Ksh.150,000 per month. As such employee, he was eligible to join and was admitted to the council's retirement benefits scheme known as the Local Authority Pensions Trust (LAPTRUST), which is the appell…