Members of the Retirement Benefits Appeals Tribunal

 

The Retirement Benefits Appeals Tribunal is established under Section 47 of the Retirement Benefits Act. Under this provision, the Tribunal shall consist of the Chairman and four other members appointed by the Minister for Finance and who hold office for a period of three (3) years upon such terms and conditions as the Minister may prescribe.

 

The provisions further provide that Chairman of the Tribunal shall be an Advocate of the High Court of not less than seven years standing and the decisions in the Tribunal shall, in the event of a difference of opinion, be decided by the votes of the majority of members.
The current composition and terms of the membership in the Tribunal is set out below:

 

 NameDate of Appointment
1. Justice (Rtd) Shaikh M. Amin 13th Sept. 2010
2. Anthony P. Davies 13th Sept. 2010
3. Joseph K. Kamiri 13th Sept. 2010
4. Naftal J. Ondijo 13th Sept. 2010

 

On 10th December, 2010, the term of one member, Barnabas Gathecha Kariuki expired. It is anticipated that a replacement will soon be appointed to return the number to the requisite five members.

 

The Tribunal is expressly vested with jurisdiction to hear appeals by any person aggrieved by a decision of the Authority or the Chief Executive Officer within thirty days of receipt of the decision.

 

In the hearing of appeals, the Tribunal has the powers of a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call the production of books and other documents.

 

The Tribunal has power to award costs of any proceedings before it by issuing a certificate of costs and to direct that such costs be paid in accordance with the prescribed scales. Where costs have been awarded, the party may file the certificate of costs in the High Court and upon being so filed, shall be deemed to be a decree of the High Court and executed as such.

 

Any interested party before the Tribunal may be represented by an Advocate or by any other person whom the Tribunal may in its discretion admit on behalf of the party.