EMMANUEL MWAKISHA MJAWASI & 748 OTHERS v THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

Case Number	REFERENCE NO. 2 OF 2010
Summary	The Applicants were seven hundred and forty nine former employees of the defunct East African Community who alleged that the respondent had neglected, failed or refused to pay to them pension and other benefits due to them for services they had rendered to the defunct EAC. They averred that this was contrary to Articles 6(d) and 7(2) of the Treaty and a violation of their rights. They sought an order compelling the Respondent to pay their terminal benefits.
Respondent	THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA
Complainant	EMMANUEL MWAKISHA MJAWASI & 748 OTHERS
Date filed
Countries	Kenya
Keyword	Jurisdiction , No exhaustion of local remedies , Non retrospective application of the EAC Treaty , Res judicata
Treaty Article	Article 27 , Article 30 , Article 33 , Article 34 , Article 6 , Article 7 , Articles of EAC Treaty

Verdict	The issues before the Court were not similar or substantially the same ones which were litigated before the Kenya High Court. Therefore, the doctrine of res judicata does not apply to this Reference. The Applicants became aware of the acts/omissions of the Respondent by 1998, when they filed the suit in the Kenya High Court. This was well before the Treaty entered into force in 2000. So, although the Court has jurisdiction to hear the Reference and it is not barred the rule of exhaustion of local remedies, it cannot entertain the Reference on account of the non-retrospective application of the Treaty.
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Date delivered	September 29, 2011
Quorum