29th July 2026
We are pleased to announce that our team, comprising George Oraro, SC (Founding Partner), Noella Lubano (Partner), Hellen Mutua (Senior Associate) and Brian Onyango (Associate), successfully represented the Board of Trustees, TelPosta Pension Scheme and Provident Fund (“the Scheme”) in two judicial review applications i.e. High Court Judicial Review No. E376 of 2025 – Beatrice Njeri Ngugi & 554 Others vs. the Retirement Benefits Appeals Tribunal & 3 Others, and High Court Judicial Review No. E061 of 2026 – George Odhiambo Oloo & 18 Others vs. the Retirement Benefits Appeals Tribunal & 3 Others (“the Applications”) arising from a decision of the Retirement Benefits Appeals Tribunal (“the Tribunal”) delivered on 2nd October 2025, as detailed in our earlier legal alert.
In the said Applications, the Applicants sought, among other reliefs, orders to quash the Tribunal’s decision and remit the dispute to the Tribunal for yet another hearing. They also sought a declaration that the application of discounting factors in the computation of pension benefits violated their constitutional right to fair administrative action and was therefore unconstitutional.
In the Judgments delivered on 27th July 2026, the Court found that the Tribunal had properly considered and determined the appeal before it. The Court observed that the Tribunal had afforded all parties a fair opportunity to present their respective cases and had rendered a detailed, well reasoned decision based on a proper evaluation of the record placed before it.
The Court further held that the Applications were brought pursuant to the Law Reform Act and the Civil Procedure Rules, which limit the scope for judicial review proceedings. Consequently, the Court found that the proceedings did not provide a basis for the grant of substantive remedies such as declarations and injunctions, nor for a re-evaluation of the merits of the dispute. Accordingly, the Court dismissed both Applications in their entirety.
Read the full Judgments here
About Oraro & Company Advocates
Oraro & Company Advocates is a full-service market-leading African law firm established in 1977 with a strong focus on dispute resolution and corporate & commercial law. With a dedicated team of partners and associates, the firm has been consistently ranked by leading legal directories such as Chambers Global, IFLR1000 and Legal 500 as a top-tier firm in Kenya.
Oraro & Company Advocates prides itself in its deeply rooted client relationships by providing quality legal services through its partner-led approach, drawing from local knowledge and global perspectives.
The firm is a full Affiliate Member of AB & David Africa, a Pan-African business law network committed to ensuring that businesses and projects succeed in Africa, by helping clients minimize the risks associated with doing business in the continent. This enables the firm to offer cross-jurisdictional legal advice in a seamless manner, while maintaining the highest professional standards.
