The Retirement Benefits Appeals Tribunal (RBAT) 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 (Cabinet Secretary, National Treasury) to hold office for a period of three (3) years upon such terms and conditions as the Minister may prescribe.
The provisions further provide that the 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, shall be decided by the votes of the majority of members.
The Tribunal currently has the following members,
- James Mamboleo
- Wangechi Gikonyo
The Chairman and other two members are yet to be appointed. The quorum for sittings comprises the Chairman and any two members.
The Tribunal Clerk is the administrator of the Tribunal.
The Tribunal is expressly vested with jurisdiction to hear appeals by any person aggrieved by a decision of the Retirement Benefit Authority or the Chief Executive Officer within thirty days of receipt of the decision. The Tribunal also has jurisdiction concerning disputes arising between any person and the Authority as to the exercise of powers conferred upon the Authority by the Retirement Benefits Act.
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
Who can appeal ?
- Member(s) of a Retirement Benefit Scheme
- Retirement Benefits Scheme(s)
- Retirement Benefits Authority
- Service providers and other stakeholders in the retirement benefits industry