Posted in Press Release
East African Court of Justice Arusha, 8th March 2018:
The First Instance Division of the East African Court of Justice (EACJ) today struck out an Application filed by one Rashid Salum Adiy and 39,999 others Zanzibar Citizens versus the Revolutionary Government of Zanzibar, Chief Secretary of Revolutionary Council of Zanzibar and United Republic of Tanzania others.
The Application was seeking the EACJ to allow the case challenging the legality of the Union of Tanzania, to be heard in Zanzibar. This meant that the EACJ would shift its base from its headquarters in Arusha to Zanzibar for the hearing of the case.
Rashid Salum Adiy and 39,999 others Zanzibari Citizens had earlier filed the case before the First Instance Division challenging the Union of Zanzibar with the mainland under the United Republic of Tanzania. The Respondents to the case were the Revolutionary Government of Zanzibar, the Chief Secretary Revolutionary Council of Zanzibar, the United Republic of Tanzania.
The Court in its ruling read by the Principal Judge, Justice Monica Mugenyi, said that, “We have carefully listened to both parties, we are concerned by the lacklustre and unprofessional manner in which the Applicants have approached so serious the matter.”
Further the Court said that, the Applicants purported to file a notice of appointment of an agent while knowing that it was premised on unregistered and therefore defective Power of Attorney.
“We find this not to be only the waste of the Court’s time and occasioning undue delay of the hearing of the matter, but also find it to be abuse of the Court’s process,” said Justice Mugenyi, for the bench. The Court therefore ruled that under Rule 47 (1) (a) and (c) of the Court Rules of Procedure, it had dismissed the application with no costs.
Before the ruling, there were arguments by the Representatives of the Attorney General of Zanzibar and URT, submitting that the Applicants have shown lack of seriousness in this important case which is of a public interest and that it shows disrespect of the Court and waste of its time.
Mr. Rashid Salum Adiy (Applicant) who appeared in person with other few Applicants in court had earlier filed with the Court a notice of appointment of an Agent which Court rejected because it was not supported by the valid Power of Attorney. The Applicant also attempted to use Swahili language in Court which court interpreted as against Article 46 of the Treaty which provides for English as the official language of the Community.
The other Applicants present in Court were Suleyman Mustafa, Khamis Hassan Hamad with the Purported Agent by the name Japhet Chidzipha Chigumba. While the representatives of the Respondents were Mzee Ali Haji, Deputy Attorney General of the Revolutionary Government of Zanzibar, Alesia A. Mbuya Principal State Attorney & Asst. Director Attorney General and Constitutional Affairs, Mark Mwambo, Principal State Attorney and others.
All appeared before Hon. Justices: Monica Mugenyi (Principal Judge), Fakihi Jundu and Dr Charles Oyo Nyawello all of the First Instance Division.
Notice for Editors:
Rule 47 (1) (a) and (c) provides that;
- (1) The Court may, on application of any party, strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document—
(a) may prejudice or delay the fair trial of the case; or
(C) is an abuse of the process of the Court.
- ENDS -
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.
Posted in Press Release
East African Community Headquarters, Arusha, 8th March, 2018:
The Secretary General of the East African Community (EAC) Amb. Liberat Mfumukeko concluded a one-day working visit to the Republic of Kenya yesterday 7th March, 2018.
During the visit, the Secretary-General met and held talks with the newly appointed EAC and Northern Corridor Cabinet Secretary, Mr Peter Munya at the Ministry's Head Office, the Cooperative Bank Building, Haile Selassie Avenue.
The objective of the visit was to brief the newly appointed EAC and Northern Corridor Cabinet Secretary, Mr Peter Munya on the status of the EAC integration process, the key issues around the Northern Corridor infrastructural projects and other useful insights into the integration process.
Amb. Mfumukeko and his host discussed in details on the key issues of integration, including reform efforts at the Secretariat, and key achievements so far realized along the integration journey.
The two officials also discussed the progress so far made under the EAC Common Market, especially cross border movement and trade; regional infrastructural development , updates on implementation of the Customs Union and Monetary Union Protocols as well as the planned official launching of the Namanga One Stop Boarder Post on 20th April, 2018.
The Cabinet Secretary commended the good organization of the just ended EAC Summit of the Heads of States and the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development, the work done by EAC to increase support by development partners to the EAC as well as the efforts to reduce operation cost at the EAC Secretariat
The Secretary General was accompanied by his Deputies Eng Steven Mlote in charge of Planning and Infrastructure, and Mr. Charles Njoroge, in charge of Political Federation.
-ENDS-
For more information, please contact:
Mr Owora Richard Othieno
Head, Corporate Communications and Public Affairs Department
EAC Secretariat
Arusha, Tanzania
Tel: +255 784 835021
Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
The EAC Secretariat is ISO 9001:2008 Certified
