NAIROBI, Kenya, July 18 – The Retirement Benefits Appeals Tribunal has temporarily suspended the implementation of a directive by the Retirement Benefits Authority (RBA) that required the trustees of the Standard Chartered Kenya Pension Fund to reassess claims lodged by hundreds of former members, pending the hearing of an appeal.
The interim orders, issued by Tribunal Chairperson Charles Mong’are Ongoto on July 14, halt the execution of a June 15 decision by the RBA’s Chief Executive Officer, providing temporary relief to the pension fund trustees as they challenge the regulator’s directive.
The case was filed by trustees of the Standard Chartered Kenya Pension Fund, led by David Ongolo, Annabelle Nelungo, Irene Nduva and Humphrey Owino, against the RBA Chief Executive Officer, the Retirement Benefits Authority and other respondents.
The dispute stems from an RBA directive requiring the trustees to conduct a detailed and independent assessment of complaints submitted by former scheme members who were not among the 629 appellants in an earlier pension dispute that culminated in Civil Appeal No. 8 of 2021.
In its June 15 letter, the regulator said it had received fresh complaints from former members, including groups represented by Jackson Komu Kyengo and Davies Kajogu, Lawrence Aswani, Paul Wanyoike and Ian Amogola, and had reviewed submissions from both the complainants and the pension scheme.
The Authority subsequently directed the trustees to reassess each claim in line with findings and determinations arising from the earlier litigation.
However, the trustees moved to the Retirement Benefits Appeals Tribunal seeking to suspend the directive, arguing that it should not take effect before their appeal is heard.
In granting interim relief, the Tribunal ruled: “THAT pending the hearing and determination of this Application dated 13th July 2026, this Honourable Tribunal hereby grants stay of execution of the decision of the Chief Executive Officer of the Retirement Benefits Authority contained in the letter dated 15th June 2026.”
“THAT the Respondents to file their responses within three (3) days of service.”
The respondents have also been ordered to respond to the application, with the matter scheduled for mention on July 23 for further directions.
The ruling does not determine the merits of the dispute but preserves the status quo while the Tribunal considers whether the RBA lawfully directed the trustees to revisit the pension claims.
The case is being closely watched by pension industry stakeholders as it could clarify the extent of the RBA’s supervisory powers in directing trustees to reconsider claims arising from previous litigation, particularly where complainants were not parties to the original proceedings.
For former members pursuing additional pension benefits, the Tribunal’s stay means the reassessment process ordered by the regulator will remain on hold until the appeal is determined.
