Press Release

EALA Speaker Hon. Ngoga K. Martin, with the Regional Police Commander (RPC), Gilles Bilabaye Muroto (left) and Hon. Dr. Abdullah Hasnuu Makame (right)

House passes EAC Oaths Bill with amendments

East African Legislative Assembly, Dodoma, April 18 2018:

EALA late yesterday extensively debated and passed the East African Community Oaths Bill, 2018 paving way for employees of the Community and persons giving evidence before the East African Court of Justice, the Assembly and related quasi bodies to swear oath of affirmation.

The debate which resumed following its interruption on March 15, 2018, was preceded by the presentation to the House of the Report of the Committee on Legal Rules and Privileges Committee by Chairperson, Hon Fatuma Ndangiza.

At debate, the Assembly stated the Bill lacked provisions for sanctioning individuals who violate the oath or affirmation, lie under oath or disclose pertinent and confidential information and called for the Committee on Legal, Rules and Privileges in consultation with the Chairperson of the Council of Ministers to include the requisite penal provision(s).

The EAC Oaths Bill, 2018 is important to the Community because it legislates for the oaths or affirmation to be taken by people employed by or provides service to the Community, as well as to individuals giving evidence before the East African Court of Justice, the Committee of the East African Legislative Assembly and Quasi-Judicial Bodies of the Community.

According to Article 72 (1) of the Treaty for the Establishment of the East African Community, requires all staff of the Community to pay allegiance to the Community and provides in part that “in the performance of their functions, that staff of the Community shall not seek or receive instruction from any Partner State of from any other authority external to the Community.

The report observes that the laws providing for oaths do not ordinarily provide for sanctions against the breach of the oath or affirmation. Members further observed that penalties for breach of confidentiality or secrecy are usually provided for by either the penal or criminal laws of a jurisdiction or specifically provided for in laws relating to protection of confidentiality or secrecy. The Oaths Bill, 2018 seeks to provide for the obligation to take oaths or affirmation and to prescribe the actual oaths or affirmations. To include sanctions in the Bill would be going into territory that should be the subject of another law on confidentiality”, it adds.

The report notes that until a specific law on confidentiality information or secrecy is developed, there are other laws in the Community and in the Partner States that may be used to punish those that breach confidentiality, including the EAC Staff Rules and Regulations, Rules of Procedure of the East African Court of Justice, the East African Legislative Assembly (Powers and Privileges) Act, 2003 and the Rules of Procedure of the East African Legislative Assembly.

In his contribution, Hon. Aden Omar Abdikadir lauded the Committee Members and the House at large for many hours put in getting the specific Bill and said it was a sign of commitment to the work of the Community.
Members who rose up in support of the debate were Hon Norru Abdi, Hon. Dr. Abdullah Hasnuu Makame, Hon. Wanjiku Muhia, Hon. Rose Akol Okullu, Hon. Fatuma Ibrahim Ali, Hon. Dr. Francois Xavier Kalinda, and Hon. Gideion Gaptan Thoar.

Others included Hon. Kennedy Mukulia, Hon. Oda Gasinzigwa, Hon. Simon Mbugua Nganga, Hon. Paul Musamali, Hon. Maryam Ussi Yahya, Hon. Josephine Sebastian Lemoyan and Hon. Mathias Kasamba.
The House further received contributions from Hon. Mary Mugyenyi, Hon. Dennis Namara, Hon. Gai Deng, Hon. Eng. Mnyaa Mohammed Habib, Hon. Fancy Nkuhi Haji, Hon. Adam Kimbisa and Hon. Christopher Opoka Okumu and the Council of EAC Ministers.

Meanwhile the Rt. Hon. Speaker paid a courtesy call to the Regional Commissioner of Dodoma, Dr. Binilith Mahenge and the Regional Police Commander, Mr Gilles Bilabaye Muroto who both accorded their support to the Assembly.

- ENDS -

For more information, please contact:

Bobi Odiko
Senior Public Relations Officer
East African Legislative Assembly
Arusha, Tanzania
Tel: +255-27-2508240
Fax: +255-27-2503103
Cell: +255-787-870945, +254-733-718036
Email: BOdiko [at] eachq.org
Web: www.eala.org

About the East African Legislative Assembly:

The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.

Use Kiswahili Soft Power to enhance regional integration and sustainable development-EAC Official urges the Community

East African Kiswahili Commission, Zanzibar, 13th April, 2018:

The East African Kiswahili Commission (EAKC) has been urged to use Kiswahili soft power to accelerate and enhance regional integration and sustainable development in the East African Community (EAC). This call was made by the Deputy Secretaries General of the EAC, Hon. Jesca Eriyo (Finance and Administration) and Eng. Steven Mlote (Planning and Infrastructure) during a national Training Workshop on Capacity Assessment of the Development and Use of Kiswahili in the United Republic of Tanzania.

The Workshop was organized by the EAKC at a Dar-es-Salaam hotel on 10th -11thApril, 2018 and attended by 35 participants drawn from various stakeholders from across the United Republic of Tanzania.

Hon. Jesca Eriyo observed that capacity assessment is an important milestone in the implementation of the Commission’s Strategic Plan of harmonizing and promoting the development and use of Kiswahili in regional integration and sustainable development. She noted that Kiswahili is an important power and resource that can help the community in realizing its agenda.

Hon. Eriyo singled out the United Republic of Tanzania for having realized the importance of Kiswahili in national cohesion at an early stage. She said that there are important lessons for the rest of EAC Partner States to learn from Tanzania in integrating Kiswahili in national development plans, prorammes and projects. She noted that Kiswahili is fast spreading across the region and beyond, and being used at multiple levels to transmit knowledge and values.

In his address to the participants, the Deputy Secretary in charge of Planning and Infrastructure, Eng. Steven Mlote appreciated the importance of Kiswahili in various development domains. He noted that whereas infrastructure development is largely understood as depending on hard power, Kiswahili as a soft power is equally important and necessary for holistic development.

Eng. Mlote observed that in their interactions with citizens of East Africa, various professionals require appropriate Kiswahili communication skills to be effective. ‘Kiswahili is so dynamic that different East African communities and professionals are interacting and using it in different ways. You cannot talk of the development and use of Kiswahili without referring to Kiswahili for specific purposes, including the movement of various professionals.’

Eng. Mlote urged the researchers to find out what skills need to be developed and asked the Commission to develop them. To demonstrate its commitment to the development and use of Kiswahili in the EAC, Eng. Mlote urged the Commission to develop and implement Kiswahili programmes at the EAC Secretariat for Staff and other international community in Arusha who may require them.

In his remarks, the EAKC Executive Secretary, Prof. Kenneth Simala, said that the Workshop in Dar-es-Salaam was part of a series of regional trainings that are taking place across all EAC Partner States.

He said that though generally not appreciated, the language question is at the core of EAC regional integration and development. Prof. Simala observed that Kiswahili language cannot be considered as just an instrument of wider communication, but as a regional identity marker with a strong symbolic value, and a resource in economic development of the Community in terms of popular culture as well as creative industries.

He noted that Kiswahili linguistic governance in EAC is a very technical and political matter that the Commission is navigating with care and caution in the context of regionalization and globalization.

The ES promised to initiate Kiswahili programmes at the Secretariat so that those desirous to learn Kiswahili can be facilitated.

For more information, please contact:

Executive Director
East African Kiswahili Commission
Maisara Street
P.O. Box 600
Zanzibar, Tanzania
Tel: +255 024 2232704/
+255 024  2232722
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About the East African Kiswahili Commission:

The East African Kiswahili Commission (EACK) is an institution of the East African Community based in Zanzibar, The United Republic of Tanzania. The Commission started its operations in May, 2015 and has developed the Annual Operations Plan for 2016-2017. The Commission’s vision is to be the leading body in the promotion and coordination of the development and usage of Kiswahili for regional integration and sustainable development.

Munya to pursue EACJ's Permanent Seat to be urgently concluded and determined by the Summit

East African Court of Justice Nairobi, 13thApril, 2018:

Hon Peter Gatirau  Munya, Cabinet Secretary in charge of the Ministry of East African Community and Norther Corridor Development, Republic of Kenya,at the closing ceremony of EACJ Plenary, committed to pursue to the Council, the conclusion and determination of the permanent seat of the Court urgently, to enable the Honorable Judges to work on a permanent basis as opposed to the current ad-hocarrangement.

He said that it is necessary as the integration process continues to grow, to ensure that the Court’s officials can fully concentrate on the discharge of their crucial mandate in the service of the Community.

He also a lauded the Court for its very progressive jurisprudence, which has served as a guiding light for our national courts as well as other courts around the World. “Despite the Court’s jurisdiction being initially limited to the interpretation and application of the EAC Treaty, the Court has not been deterred from creatively making pronouncements on other crucial matters like respect for the rule of law and human rights” said the Cabinet Secretary.

He further added that “we must recognize that the extension of the jurisdiction of the Court is a process and a journey, which in the fullness of time, will lead to a further expansion, as the Community grows and integration continues to deepen and widen.”

Hon Munyi further said that, the role of the Court in the integration process cannot be overemphasized, that, the Court’s effective and efficient execution of its mandate as an arbiter in dispute resolution contributes greatly to confidence building in the region. It also ensures uniformity in the application of legal principles and laws across the EAC, which ensures certainty in trade and other aspects of integration.

The Cabinet Secretary noted that, the Court has continued to strengthen the rule of law and development of human rights standards by boldly denouncing human rights violations, and pointed a case from the Republic of Rwanda Versus Plaxeda Rugumba (Appeal No. 1 of 2012), where the Appellate Division of the Court explicitly stated that holding a person incommunicado for five months without judicial order, was an obvious breach of the principles of the Community espoused in the EAC Treaty.

He commended the jurisprudence of the Court which demonstrates the Court’s adherence to the doctrine of separation of powers and this was illustrated in the case of Mbidde Foundation Limited & Hon Margaret Zziwa, where the First Instance Division declined to intervene in EALA’s process of impeachment of the Rt. Hon Zziwa as Speaker of EALA, on the basis that, it would amount to undermining the doctrine of the separation of powers. 

He further acknowledged the crucial role that the Court has played in resolving disputes within the Community as expressed in the Treaty, which is a living document that continues to be kept alive by the Court’s pronouncements.

Hon Munya strongly urged the Court to increase its public engagement and outreach activities in order to raise awareness on the Court’s mandate and it’s extended and arbitration jurisdiction, so as to ensure that this great Organ of the Community does not remain under-utilized. He also assured the Ministry’s support in walking the journey, for greater good of the people of East Africa.

He retaliated that Kenya remains a solid, committed and responsive Partner in the EAC integration process. As a country, “We fully support the fundamental principles of the Community as enumerated in Article 6 of the EAC Treaty which include peaceful co-existence, good neighborliness, good governance, cooperation for mutual benefit and peaceful settlement of disputes which is particularly relevant to the mandate of the Court”, said the Cabinet Secretary

His Lordship, the President of the Court, Justice Dr Emmanuel Ugirashebuja, commended the Cabinet Secretary for his support and informed him of the resolutions adopted by the Plenary, among others is the adoption of the EACJ Strategic Plan 2018-2023 and the proposals on the amendments of Chapter 8 of the Treaty.

He also told the Cabinet Secretary that, the Plenary also resolved to fully implement the financial and administrative autonomy that was unconditionally granted by the Council of Ministers in 2016.

The President called upon the Cabinet Secretary to express the challenge to the Heads of State and to end the ad-hoc service of the judges. He finally thanked the Judges and Staff of the Court for their contribution to the development of the Strategic plan and encouraged them to be more committed as the implementation process begins immediately.

The Strategic Plan identifies on the major six (6) strategic issues and these include: Institutionalization of the Court, Design of the Court, Appreciation of the Court, Visibility of the Court, Capacity of the Court and Information Communication Technology (ICT) of the Court.

The court Plenary followed several workshops: The Validation of the EACJ Strategic Plan for the next five (5) years 2018-2023, that was adopted, the Rules Committee meeting which reviewed and proposed amendments of the rules of procedure of the Court, to ease the litigants concerns and the training of Judges and Registrars on arbitration practices, All the meetings took place in Nairobi and were earlier officiated by the Chief Justice of Kenya.

The Plenary was attended by the all Judges, Registrars and staff of the Court.

For more information, please contact:

Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org

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.

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East African Community
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