JUDGMENT OF THE COURT
[1] This is an appeal from the Ruling of the Employment and Labour Relations Court (ELRC) (Abuodha, J) dismissing a preliminary objection to Civil Appeal No. 10 of 2014. The preliminary objection was based on two grounds; firstly, that the court lacked jurisdiction to hear and determine any dispute relating to a retirement benefits or pension scheme and any appeal from the determination of the Retirement Benefits Tribunal, and secondly, no right of appeal lies to ELRC.
[2] The respondents are former employees of the Kenya Commercial Bank Limited (bank). The bank established the Kenya Commercial Bank Staff Pension Fund (Fund) by a Trust Deed dated 10th March, 1982, later amended by Deed of Amendment dated 23rd June 2008. This was a defined benefits scheme where the bank solely made contributions to the staff retirement benefits scheme. By a Trust Deed dated 6th October, 2006, the bank established the Kenya Commercial Bank Staff Retirement (Defined Contribution) Sche…