Tribunal suspends RBA directive on Standard Chartered pension claims pending appeal

The Retirement Benefits Appeals Tribunal has temporarily suspended a directive issued by the Retirement Benefits Authority (RBA) requiring the trustees of the Standard Chartered Kenya Pension Fund to reassess pension claims filed by hundreds of former members, pending the hearing and determination of an appeal.

In interim orders issued on July 14, Tribunal Chairperson Charles Mong’are Ongoto halted the implementation of a decision contained in a letter issued by the RBA Chief Executive Officer on June 15, giving the pension fund trustees temporary relief as they challenge the regulator’s directive.

The appeal was filed by the trustees of the Standard Chartered Kenya Pension Fund, including David Ongolo, Annabelle Nelungo, Irene Nduva and Humphrey Owino, against the RBA Chief Executive Officer, the Retirement Benefits Authority and other respondents.

The dispute arose after the RBA directed the trustees to independently review complaints lodged by former members of the pension scheme who were not among the 629 appellants involved in an earlier pension dispute that was concluded in Civil Appeal No. 8 of 2021.

According to the regulator, it had received fresh complaints from former members represented by Jackson Komu Kyengo and Davies Kajogu, Lawrence Aswani, Paul Wanyoike and Ian Amogola. After reviewing submissions from both the complainants and the pension scheme, the RBA instructed the trustees to reassess each claim in line with the findings and determinations made in the earlier court case.

However, the trustees challenged the directive before the Retirement Benefits Appeals Tribunal, arguing that it should not be implemented before the appeal is heard and determined.

In granting the interim orders, the Tribunal stayed the execution of the RBA’s decision until the application is heard.

“Pending the hearing and determination of this application dated July 13, 2026, this Honourable Tribunal hereby grants a stay of execution of the decision of the Chief Executive Officer of the Retirement Benefits Authority contained in the letter dated June 15, 2026,” the Tribunal ruled.

The Tribunal also directed the respondents to file their responses within three days after being served with the application.

The matter has been scheduled for mention on July 23, when the Tribunal will issue further directions on the case.

The interim ruling does not determine the merits of the dispute but preserves the status quo while the Tribunal considers whether the RBA acted within its legal mandate in directing the pension fund trustees to revisit the claims.

The case is expected to attract close attention from pension industry stakeholders because it could clarify the extent of the Retirement Benefits Authority’s supervisory powers, particularly on whether it can require pension scheme trustees to reconsider claims arising from previous litigation involving different parties.

For the former pension scheme members seeking additional retirement benefits, the Tribunal’s decision means the reassessment process ordered by the regulator will remain suspended until the appeal is heard and determined.