7th October 2025
We are pleased to announce that our team, comprising George Oraro, SC (Founding Partner), Noella Lubano (Partner), Hellen Mwongeli Mutua (Senior Associate), and Brian Onyango (Associate), successfully represented the Board of Trustees, TelPosta Pension Scheme and Provident Fund (“the Scheme”) before the Retirement Benefits Appeals Tribunal (“the Tribunal”) in RBAT Appeal No. 7 of 2011: Boniface Mariga & 948 Others v Retirement Benefits Authority & Another by defending a claim for KES 14 Billion in an eight (8) year battle.
This matter was a rehearing pursuant to an order of the Court of Appeal in Civil Appeal No. E767 of 2023, which set aside the Tribunal’s earlier decision of 13th February 2017 and remitted the dispute back to the Tribunal for fresh determination. Following the Court of Appeal’s order, the matter was reheard before the Tribunal afresh.
The appeal before the Tribunal concerned a section of former employees of Telkom Kenya who argued that the Scheme had improperly applied discounting factors to their benefits and applied incorrect actuarial principles, with the consequence of unlawfully diminishing their accrued pension entitlements. In defense of the Scheme, our team maintained that all benefit computations were done in strict compliance with the governing Trust Deed and Rules, relevant legal notices, and actuarial standards. It was demonstrated that discounting was a necessary and actuarially sound method for calculating the present value of deferred benefits.
The Tribunal upheld the Scheme’s interpretation of the Trust Deed and Rules culminating in a finding that the Appellants’ actuaries had used incorrect data and unsupported assumptions. The Tribunal concluded that the Scheme had acted lawfully, transparently, and in accordance with its Trust Deed and Rules in computing the Appellants’ benefits. The Tribunal further affirmed that the Retirement Benefits Authority (“the Authority”) had properly exercised its mandate in dismissing the original complaint. Ultimately, the Tribunal held that the Appellants had failed to meet the evidentiary threshold required to overturn the Authority’s decision. As a result, the appeal was dismissed in its entirety, with each party directed to bear its own costs.
Read the full Judgment 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.
