2023-UNAT-1321, Diana Kenoly, Carolyne Alany Rumah, Felix Kwame and Nicholas Kariuki Kinyanjui in respect of Roselyne Kayeke Oming (deceased)
The UNAT dismissed both the appeal and the cross-appeal.
As to the Secretary-General's cross-appeal against the UNDT's decision on receivability, the UNAT held that the UNDT was correct not to dismiss the claims as unreceivable, but to investigate their merits.
Turning to the merits, the UNAT noted that death benefits under the Rules are not payable to beneficiaries nominated by a staff member, but to designated beneficiaries as defined by the Staff Rules (i.e. the surviving spouse or dependent children). The UNAT found that Mr. Oming survived Ms. Oming and the substantial preponderance of...