ALFRED ASIDAGA MULIMA, CHARLES MARARO NJOROGE & PETER KIIO KITUKU (SUING AS REPRESENTATIVES OF EX-EAST AFRICAN AIRWAYS STAFF WELFARE ASSOCIATION) V. ATTORNEY GENERAL, BARCLAYS BANK INTERNATIONAL LTD, BARCLAYS BANK TRUST COMPANY LTD, BARCLAYS TRUST CHANNEL ISLAND LTD, BARCLAYS TRUST INTERNATIONAL LTD, BARCLAYS BANK KENYA LTD, MINISTRY OF FINANCE, MINISTRY OF TRANSPORT & REGISTRAR GENERAL

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[1] Before the Court is an application dated 22^nd January 2018 premised upon Section 24 of Supreme Court Act, Rules 3 (5), 4 (3) (i) and 23 of the Supreme Court Rules, 2012 seeking leave to appeal out of time and an order directing the Registrar of this Court to deem the petition and record of appeal as filed with leave. An amended application was filed on 24^th May 2018 albeit without leave of the Court.

[2] The applicants are chairman, secretary and treasurer of the Ex-East African Airways Staff Welfare Association (the Association) (registered on 12^th June, 2012). They filed a representative petition in the High Court for the benefit of the members of the association and for all former Kenyan employees of the defunct East African Airways Corporation (the corporation). Their claim was that when the corporation ceased operations on 13^th January 1977 and they were declared redundant on 15^th February 1977, as employees of the corporation engaged on diverse dates, they became e…