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

(2020) JELR 105528 (SC)

Supreme Court  •  Petition 17 of 2019  •  4 Aug 2020  •  Kenya

Coram
Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The Petition of appeal dated 9th May 2019 is against the Judgment of the Court of Appeal in Civil Appeal No. 179 of 2015 (Githinji, Karanja and Musinga JJA ) dated 24th February 2017, in which the appellate Court upheld the dismissal of the Petitioners’ claims in H.C. Constitutional Petition No. 113 of 2013 (Mumbi J). In the Petition aforesaid, the Petitioners had alleged violation of their constitutional rights under Articles 20 (1), 27, 28, 29 (f), 35, 40, 41, 43 47, 48 and 57 of the Constitution as a result of the non-payment of various amounts of money they allege were due to them following the disbandment and dissolution of the East African Community (EAC) as well as the winding up of the East African Airways Corporation (EAAC).

[2] The Petitioners state that they were all former employees of the EAAC, which fell under the ambit of the EAC. The EAAC ceased operations on 13th January 1977, and the Petitioners were on 15th February 1977 declar…

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