The Retirement Benefits (Tribunal) Rules

Legal Notice 121 of 2000

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Legal Notice 121 of 2000
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Retirement Benefits Act
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LAWS OF KENYA

RETIREMENT BENEFITS ACT

THE RETIREMENT BENEFITS (TRIBUNAL) RULES

LEGAL NOTICE 121 OF 2000

  • Published in Kenya Gazette Vol. CII—No. 64 on 13 October 2000
  • Commenced on 13 October 2000
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as The Retirement Benefits (Tribunal) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires:-"appeal" means an appeal to the Tribunal under section 48;"appellant" means a person entering an appeal and the advocate or duly authorized agent of that person;"chairperson" means the chairperson of the Tribunal appointed under section 47(2);"clerk" means the clerk of the Tribunal appointed pursuant to rule 3;"memorandum" means a memorandum of appeal presented under rule 4(1);"statement of claim" shall have the same meaning as a pleading in the Civil Procedure Act (Cap. 21).

3. Appointment of Clerk

(1)The Board shall appoint a clerk to the Tribunal, who shall be an officer of the Authority.
(2)The clerk shall, in matters relating to appeals to the Tribunal and procedure therefor, comply with the general and special directions lawfully given by the chairperson.
(3)The clerk shall by notice in the Gazette notify his address for the presentation or service of documents for the purposes of these Rules and shall in the same manner notify any change in that address.

4. Form of lodging an Appeal

(1)An appeal under section 48(1) of the Act shall be entered by presentation of a memorandum of appeal with five copies thereof together with the prescribed fee to the clerk within thirty days of receipt of the decision of the Chief Executive Officer.
(2)An appeal under section 48(2) of the Act shall be entered by presentation of a statement of claim with five copies thereof together with the prescribed to the clerk and for purposes of this paragraph, the provisions of the Civil Procedure Act subject to the provisions of the Act shall mutatis mutandis apply to lodging a memorandum of appeal and hearing of the appeal.

5. Memorandum of appeal

A memorandum shall be signed by the appellant and shall be set out concisely under distinct heads, numbered consecutively with the grounds of appeal without argument or narrative.

6. Statement of facts of appellant

Each copy of a memorandum shall be accompanied by a statement, signed by the appellant, setting out precisely all the facts on which the appeal is based and referring specifically to documentary or other evidence which it is proposed to adduce at the hearing of the appeal, and to which shall be annexed the original copy of the decision of the Chief Executive Officer on which the appeal is based, and each document or extract from a document referred to upon which the appellant proposes to rely as evidence at the hearing of the appeal.

7. Service of memorandum of appeal

Within seven days after the presentation of a memorandum to the clerk, a copy thereof and the statement of facts of the appellant and the documents annexed thereto shall be served by the appellant upon the Chief Executive Officer.

8. Statement of facts of Chief Executive Officer

(1)The Chief Executive Officer shall, if he does not admit the facts of the appellant, within twenty-one days after service thereof upon him, file with the clerk a statement of defence and a statement of facts together with five copies thereof and the provisions of rule 6 shall mutatis mutandis apply to that statement of facts.
(2)At the time of filing a statement of facts pursuant to paragraph (1), the Chief Executive Officer shall serve a copy thereof, together with copies of any documents annexed thereto, upon the appellant.
(3)Where the Chief Executive Officer does not desire to file a statement of facts under this rule, he shall forthwith give written notice to that effect to the clerk and to the appellant, and in that case the Chief Executive Officer shall be deemed at the hearing of the appeal to have admitted the facts set out in the statement of facts of the appellant.

9. Receipt of memorandum of appeal

(1)The clerk shall within fourteen days after receiving the memorandum of appeal presented as provided for in rule 4 notify the chairperson thereof.
(2)The chairperson shall, after twenty-one days from the date of service upon the Chief Executive Officer of the memorandum of appeal under rule 7 fix a time, date and place for a meeting of the Appeals Tribunal for the purpose of hearing the appeal, and the clerk shall cause notice thereof to be served on the appellant and the Chief Executive Officer.
(3)The Clerk shall cause to be supplied to each member of the Appeals Tribunal a copy of the notice of hearing and of all documents received by him from the parties to the appeal.
(4)Unless the parties to the appeal otherwise agree, each party shall be entitled to not less than seven days' notice of the time, date and place fixed for the hearing of the appeal.

10. Procedure

At the hearing of an appeal, the following procedure shall be observed-
(a)the Chief Executive Officer shall be entitled to be present or to be represented;
(b)the appellant shall state the grounds of his appeal and may support it by any relevant evidence, but save with the consent of the Tribunal and upon such terms as it may determine, the appellant may not at the hearing rely on a ground of appeal other than a ground stated in the memorandum and may not adduce evidence of facts or documents unless those facts have been referred to in, and copies of those documents have been annexed to, the statement of facts of the appellant;
(c)at the conclusion of the statement, and evidence on behalf of the appellant, the Chief Executive officer may make submissions supported by relevant evidence, and the conditions of subparagraph (b) shall mutatis mutandis apply to evidence of facts and documents to be adduced by the Chief Executive Officer;
(d)the appellant shall be entitled to reply but may not raise a new issue or argument;
(e)the chairperson or a member of the Tribunal may at any stage of the hearing ask any questions to the appellant or the Chief Executive Officer or a witness examined at the hearing, which he considers necessary to the determination of the appeal;
(f)a witness called and examined by either party may be cross-examined by the other party to the appeal and if so cross-examined may be re-examined;
(g)a witness called and examined by the Tribunal may be cross-examined by either party to the appeal;
(h)the Tribunal may adjourn the hearing of the appeal for the production of further evidence or for other good cause, as it considers necessary, on such terms as it may determine;
(i)the Tribunal shall consider and reach its decision according to law which decision it shall read to the parties of the appeal;
(j)the proceedings of the Tribunal and the decision arrived at shall be recorded and kept in each appeal file.

11. Copies of documents admissible

Save where the Tribunal in any particular case otherwise directs or where a party to the appeal objects, copies of documents shall be admissible in evidence but the Tribunal may at any time direct that the original shall be produced notwithstanding that a copy has already been admitted in evidence.

12. Tribunal to Adopt Civil Procedure Rules

In matters of procedure not governed by these Rules or the Act, the Tribunal may adopt the Civil Procedure Rules made under the Civil Procedure Act (Cap. 21) where applicable.

13. Costs

The Tribunal shall make an order as to costs on an appeal.

14. Scale of costs

The Tribunal in making an order for cost as provided for in rule 13 hereof shall be guided by a scale of costs set out in the Schedule to these Rules.

15. Filing fees

The fees specified in the second column of the Schedule shall be paid in respect of matters specified in the first column of the Schedule.

SCHEDULE [r. 14]

SCALE OF COSTS

A. Party and Party costs
 
(1)Where the sum found due (in the case of a successful appellant) or the sum claimed for (in the case of a successful Authority).
ExceedsShsDoes not exceedShslowerShsHigherShs
-300150200
300500200400
5001000400800
100015008001,000
150020001,0001,500
200030001,5002,000
300035002,5002,500
350050003,0003,000
500075003,5004,000
750010,0004,0004,500
10,00020,0004,5005,000
20,00050,0005,0007,500
Over 500,000 - a fee as for Shs. 50,000 plus an additional 5% on the lower scale or 10% on the higher scale in respect of the excess.
(2)Under this rule the term "lower scale" shall be applied in all cases where the Chief Executive Officer has not filed a statement of facts in reply as provided in rule 8(3), and "upper scale" shall be applied in all other cases.
(3)In any appeal by the nature of which no specific sum is claimed or awarded in the decision of the Tribunal; such costs as the Tribunal in its discretion awards but not less than Kshs. 3,000/= if the Chief Executive Officer has not filed a statement of facts in reply and (subject to any special order for good reason connected with the nature and importance or the difficulty or the urgency of the matter) not to exceed Shs. 10,000/=.
(4)In any proceedings not otherwise provided for, such costs as the Tribunal may assess but not less than Shs. 1,000/=.
(5)(a) On any necessary attendance on the Tribunal other than at the hearing ..............................1,000.00
 (b) On any necessary attendance at the Tribunal registry .........................100.00
 (c) attendance at the hearing—1,500.00
 (i) after the first day .................................................................. 
 (ii) for each half or part of the day after the first day ..................700.00
 (d) where costs of adjournment of the case are awarded ..................700.00
 (e) service—50.00
 (i) within three kilometres of the Tribunal ................................. 
 (ii) every additional kilometre over three kilometres such amount as is reasonable, not exceeding per kilometre . ..................8.00
 (iii) by post, authorized ...............................................................30.00
 (f) drawing and filing affidavit or return of service, to include swearing fee .............................................................................50.00
 (g) drawing and filling any other affidavits (for first four folios) ........................... (thereafter per folio) .........................50.0020.00
B. Advocate and client costs
As between advocate and client the costs shall be -
 (a) the costs prescribed in A above, increased by one-third;
 (b) the costs ordered by the Tribunal, increased by one-third; or
 (c) the costs agreed by the parties, increased by one-third.
 APPEAL FILING FEESKShs
1.Presenting a memorandum of appeal under section 48(1).1/8th of the value of the subject matter or of the amount awarded by the Tribunal subject to a maximum of 20,000
2.Presenting of statement of facts by the Chief Executive Officer under rule 8 ....................................100.00
3.Filing of any application, chamber summons, notice of motion ........................................................................300.00
4.Filing of affidavit .........................................................100.00
5.Filing of a statement of claim or memorandum of appeal by nature of which no specific sum is claimed or awarded by the Tribunal ........................................3,000.00
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History of this document

31 December 2022 this version
13 October 2000
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