Coming up for hearing: on 23rd November 2021.
Application filed: on 30th October 2020.
Rules: 52(5), 54(2) and 95(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Order for full payment of retirement benefits.
The Applicant, Amos Opudo Akech was an employee of the East African Development Bank (1st Respondent) between 2nd January 2011 until 22nd September 2017 when he was dismissed from service under circumstance, he alleges to be unfair and which prompted him to seek redress from the Bank Administrative Tribunal.
That, during his employment with the Bank, he contributed to the Bank’s Staff Retirement Benefits Fund (2nd Respondent) which was sponsored by the Bank and managed by a Board of Trustees. The Trustees in turn, appointed Zamara Actuaries, Administrators & Consultants (U) Ltd (3rd Respondent) as the fund Administrator/Manager.
That, upon his dismissal, the Respondents denied him his full retirement benefit not withstanding a ruling made in his favor by the Bank Administrative Tribunal for him to be paid in full, his retirement benefits. The Applicant alleges, the 1st and 2nd Respondent ignored the said ruling and only paid him USD 21,372.49 being his own contribution to the Bank’s Staff Retirement Benefit Fund rather than a total of USD 46,639.14 comprising of the employer contribution and his own.
The Applicant therefore seeks for Court orders that, the 1st Respondent inform, instruct or otherwise communicate to the 2nd Respondent to instruct the 3rd Respondent to pay in full all the accrued pension. Further that, should the 1st Respondent, for any reason whatsoever, fail to communicate to the 2nd Respondent as above within 14 days following such order, then on the 15th day following the order, the 2nd Respondent shall stand instructed to issue the said formal instructions to the 3rd Respondent to pay the pension to the Applicant. Notwithstanding any actions and/or inactions of the 1st and 2nd Respondents as above, on the 31st day following the order, the 3rd Respondent stands ordered to pay the pension to the Applicant plus damages and costs.
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