Press Release

East African Law Society pays courtesy call on EACJ Judge President to discuss areas of cooperation with the Court

East African Court of Justice, 18th June 2021:The President of the East African Law Society Mr Bernard Ounda pays a courtesy call on the Judge President and Principal Judge of the Court to discuss areas of cooperation.

His Lordship Justice Nestor Kayobera President of the Court commended the good support so far provided to Court by EALS especially on the capacity building for the Lawyers in the Partner States on EACJ matters, publication of Law reports for the Court, survey on the implementation of the Court's decisions among others.

Justice Kayobera also called upon EALS as an Apex body which has an observer status to EAC to continue working together to implement the Treaty in particular Articles 126 on legal and judicial affairs to promote the achievements of the objectives of the Community.

"The Court cannot work without lawyers, working with lawyers does not mean interference and the independence of the Court does not mean working in isolation, we must work together for the interests of the people, so let us embrace the spirit of Teamwork" said Judge President

The Principal Judge Justice Yohane Masara, on his part, said that there is need to train lawyers on the new rules of the Court as the Court still experiences prayers from many advocates on filing of pleadings out of time as well as jurisdiction of the Court to enable them to know which cases to file to EACJ. 

EALS President Mr Bernard Oundo expressed his gratitude to EACJ for the good working cooperation with EALS and re- committed to continue the support on various areas especially on capacity building for the Judges on interpretation of Trade agreement as many cases on Common Market Protocols are increasing and Lawyers will be trained on the new rules of the Court to improve the quality of the pleadings filed to Court. 

Registrar also commended EALS for the good working relations and indicated that Court can't do without them as Key stakeholders and have filed several cases which have enriched the jurisprudence of the Court.

For more information please contact:

Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: 255-27-2162149
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.  

About the East African Court of Justice

The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.  

Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States. 

Tanzania’s Minister for Foreign Affairs and East African Cooperation, Hon. Amb. Liberata Mulamula, in a group photo with EAC Secretary General Hon. Dr. Peter Mathuki,  EAC High Commissioners to Tanzania, EALA Speaker Hon. Ngoga Martin and EAC Executives outside the EAC Headquarters in Arusha.

EAC Secretariat urged to actively engage Partner States Diplomatic Missions abroad

East African Community Headquarters, Arusha, Tanzania, 17th June, 2021: The EAC Secretariat has been urged to actively engage Partner States diplomatic missions abroad as part of efforts to promote the region’s economic interests. 

Tanzania’s Minister for Foreign Affairs and East African Cooperation, Hon. Amb. Liberata Mulamula, said that such engagement would equip EAC Ambassadors with deeper insights on the integration process.  

Amb. Mulamula said that such engagement should not necessarily be physical given the current COVID-19 pandemic, adding that EAC Ambassadors were supposed to implement economic diplomacy not only for their respective Partner States but for the entire region.  

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Lawyers representing the Parties in Court online

Court allows a Party to serve his Case out of time in a matter challenging the Summit over admission of DRC to EAC

East African Court of Justice, 17th June 2021 The First Instance Division allowed Adam Kyomuhendo (Applicant) to serve his case to the Attorneys General in the Partner States and the Secretary General of the East African Community (EAC) in a matter seeking Court’s interim orders restraining the Summit of the EAC Heads of State and Government of EAC or any Organ as may be delegated by the Summit upon taking any decision concerning the Application of the Democratic Republic of Congo (DRC) to join the Community as the 7th Member of the Community until the hearing and determination of the main Case (Reference No. 11 of 2020).

Kyomuhendo (Applicant) had already served the Attorney General (AG) of Uganda and therefore he will serve other six (6) parties (Respondents) that is the AG of Burundi, Kenya, Rwanda, South Sudan, Tanzania & the Secretary General of EAC in Application No.11 of 2020 and court will fix the matter for hearing in the next session.  

The main Case is seeking Court orders to permanently stop the Summit of the EAC Heads of State and Government of the Partner States & the Secretary General of the EAC from admitting the DRC to EAC, alleging that the DRC has been illegally and without due trial or process holding Ugandan activist Samuel William Mugumya and more than 35 other Ugandans for more than 6 years contrary to the fundamental and human rights principles for the establishment of the EAC as envisaged under the Treaty. 

The case further alleges that to admit the DRC into the Community in light of those fundamental human rights breaches would be to flagrantly violate the EAC Treaty which stipulates that as a pre-condition for admission into the Community, the Summit must verify and ascertain that such new member accepts the Community as set out in the Treaty and adheres to the universally accepted principles of good governance, democracy, the rule of law, social justice and observes human and people’s rights under the African Charter on Human and Peoples Rights.

Court also heard another case and allowed the Attorney General of Rwanda to file his response in Application No. 3 of 2020 seeking for interim orders against the government of Rwanda to suspend all the construction activities of Gisenyi Modern Market in Kigali until the completion of the Court process in the main Case (Reference No. 18 of 2018) pending hearing and determination. 

The said Reference filed by ABBA LTD versus the Attorney General of Rwanda is challenging the revocation of the sale agreement of the Gisenyi Modern Market to the Applicant (ABBA LTD). The Applicant contends that the unilateral decision to revoke the sale agreement Infringes the Treaty and seeks compensation of the Contract. The matter will be fixed for hearing in due course. 

 

The matters were brought before Honourable Judges of the First Instance Division; Justice Yohane Masara (Principal Judge), Justice Audace Ngiye, Justice Dr Charles Nyawello, Justice Charles Nyachae, Justice Richard Wabwire Wejuli and Justice Richard Muhumuza. 

 

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East African Community
EAC Close
Afrika Mashariki Road
P.O. Box 1096
Arusha
United Republic of Tanzania

Tel: +255 (0)27 216 2100
Fax: +255 (0)27 216 2190
Email: eac@eachq.org