Case Number {REF NO. 2 of 2010} & {APPEAL NO.4 OF 2011}

The subject is Applicants unpaid terminal benefits for the services rendered to the defunct East African Community that constitutes a breach of Article 6(d) and 7(2) of the Treaty.

RespondentThe Attorney General of the Republic of Kenya
ComplainantEmmanuel Mwakisha Mjawasi & 748 Others
Date filedJune 23, 2010
CountriesEast African Community , Kenya
KeywordClass Action , Workers Rights
Treaty ArticleArticle 23 , Article 27 , Article 30 , Article 33 , Article 34 , Article 6 , Article 7

First Instance Judgment

VerdictThe Court ordered that although it has jurisdiction to hear the Reference and that it is not barred by the doctrine of res judicata or the rule of exhaustion of local remedies, nonetheless, it cannot entertain the Reference on account of non retrospective application of the Treaty. The Reference was accordingly struck out with costs to the Respondent.
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Date deliveredSeptember 28, 2011

Appeal Judgment

Verdict"Nonetheless, notwithstanding our being a court of justice, the jurisdiction for interrogating the merits (or demerits) of Appellants’ grievance lies not in this Court, on account of the non retrospective application of the new EAC Treaty of 2000.That jurisdiction properly lies with the national Courts..." In the result, this Court dismisses all the grounds of the Appeal. Each Party shall bear their own costs of this appeal, and of the Reference in the Court below."
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Date deliveredApril 27, 2012