Press Release

EACJ First Instance Division to resume court sessions next week

The East African Court of Justice First Instance Division will resume its sessions next week on 6th – 28th September 2016. The Court has fifteen (15) matters coming before it and these are four (4) Scheduling conferences, four (4) Applications, three (3) hearings, two (2) Judgments, and two (2) rulings all in open court.

Among the cases that will come before the Court include; a case that was filed by Mr. Steven Deniss from The United Republic of Tanzania against the Attorneys General of the Republics of Burundi, Kenya, Rwanda, Uganda, United Republic of Tanzania and the Secretary General of the East African Community. The case which was filed on 10th July 2015 in the First Instance Division complains that the provisions of Article 30 (2) of the Treaty for the Establishment of the East African Community, about the two (2) months limitation period for filing a matter before the regional court as specified under that Article 30(2) of the Treaty, that it is not only very restrictive but also unjust and discriminatory.

The Applicant further complains that the Provision does not provide ample time for obtaining legal assistance, conducting legal research, documentation of the evidence and securing witnesses expected of a reference before the East African Court of Justice hence has denied him just like other citizens of the Partner States access to justice which is contrary to the fundamental and operational principles of the Treaty as set out in Articles 6(d) and 7(1) (a). He also alleges that the process by which Article 30 (2) of the Treaty was introduced is illegal and that the 6th Respondent had failed in its duty to advice the Partner States to rectify it and equally the 1st to 5th Respondents have failed to cure the illegality in their responsibility to ensure that the objectives of the Treaty are achieved. The hearing is on 19th September 2016.

Another case that is coming up for judgement was filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, Commission Electorale Nationale Independete (CENI) and the Secretary General of the East African Community. The Applicant alleges that the Decision of the Constitutional Court of the Republic of Burundi violated the letter and spirit of the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (the Arusha Accord) which was promulgated into domestic law by the Parliament of the Republic of Burundi, in particular Article 7(3) of Protocol 11 to the Arusha Accord which provides that the President of the Republic of Burundi shall be elected for a term of 5 years, renewable only once and that no one may serve more than two (2) presidential terms and the Constitution of Burundi which states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable one time.

The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Burundi Constitution, the decision of the Constitutional Court of the Republic of Burundi equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty establishing the EAC. He also claims that the decision of the CNDD-FDD political party to nominate or put forward President Pierre Nkurunzinza as a candidate for the election to the Office of the President of the Republic of Burundi in 2015 violated the Arusha Accord aforementioned and is unlawful.

The Applicant also alleges that the Commission Electorale Nationale Independete (CENI) had failed to ensure compliance with the provisions of the EAC Treaty. The matter came up for hearing before the First Instance Division on 13th June, 2016 and court fixed the judgement on 29th September, 2016.

Also on 14th September the Court will hear three Applications in cases filed by three members of Staff of the East African Community Early Warning Unit, accusing the Secretary General for the allegedly giving them notice of termination of their employment contracts. They are asking the court to grant an injunction restraining the Secretary General from effecting his decision the hearing and determination of the main cases.

The subject matter, the Applicants say that, on 17th June 2016, the Secretary General acted beyond his mandate in deciding to terminate the Claimants’ contracts by serving them notices of termination of service, in breach of the Council of EAC Ministers decisions at its 16th , 18th , 19th meeting and 31st Extra-Ordinary meeting, Regulation 96 of Staff Rules and Regulations 2006, the provisions of the Claimant employment contract, the official communications from the European Union (EU) and African Union (AU), the Agreements between EU and AU and Regional Economic Communities (RECs) including EAC. The Applicants still said that on 7th July 2016, received from EAC Registry a notice of three (3) months to terminate their employment contract effective from 20th June 2016 signed by the EAC Secretary General. That by that letter, the Claimants were informed that EAC has no funds to support the APSA African Union Peace and Architecture Support project staff and that for that reason, the Secretary General requested the Claimants to handover all activities under them to Deputy Secretary General in charge of Political Federation.

The Claimants further said that the motif given to justify the decision of termination of staff service is not in the Treaty, neither in the staff rules and regulation nor in the employment contract of the claimants. The claimants added that instead the Treaty under Article 4(2) gives powers to the Secretary General to do all things including borrowing to keep the functions of the Community running.

The Claimants further contend that the Secretary General did not provide any evidence that the APSA support program has ended, instead the Regional Economic Community (RECs) EAC included received Communication from European Union (EU) and African Union (AU) informing it that funds were in the process of being disbursed to support program three (3) and requesting that the staff under APSA support program should be retained to ensure that the capacities that have been developed over the years by the program be sustained. In addition, that the EU and AU have informed that the new APSA support program will run from January 2016 to December 31st 2018 and that the budget allocation has been approved for AU and other RECs, EAC allocation at Euros 2,850,000.

These Applicants/Claimants are Benoit Bihamiriza from the Republic of Burundi, Didacus Kaguta from the Republic of Uganda and Patrice Mulama from the Republic of Rwanda. The Applicants filed their cases on the 15th July, 10th and 12th August 2016 respectively. Benoit Bihamiriza is a Conflict Early Warning Experts Didacus Kaguta is a Peace and Security Officer, and Patrice Mulama is a Senior Analyst Officer – Early Warning

The First Instance Division bench is composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo, Justice Fakihi A . Jundu, and Justice Audace Ngiye

All matters will be in open Court 2nd Floor EACJ wing, EAC Headquarters, Arusha, Tanzania.

Report on Community’s Audited Accounts debated, adopted

EALA has debated and adopted the Report of the Committee on Accounts on the audited Accounts of EAC for the period ended 30th June 2015. Three outstanding issues the Assembly says need immediate redress, are a curb on wasteful expenditure, a stem on all irregular procurements and an end to short-term contracts that contravene the staff rules and regulations of the Community.

EAC Secretary General, Hon Amb Liberat Mfumukeko moved to assure the House that reforms initiated under his regime would bear fruits. The report presented to the House by the Chair of the Committee on Accounts, Hon Jeremie Ngendakumana notes the overall financial position of the Community remained reasonably healthy with sufficient liquid assets to meet its maturing liabilities. It further states that the financial performance and cash flows for the period were in accordance with the International Public Sector Accounting Standards (IPSAS).

However, many projects and programmes at the EAC have an issue of budget under-absorption requiring proper budgetary planning and coherence and consistency in the budgeting process. The Community also suffers from poor financial management including over one thousand adjustments to the transactions on the general ledger after submission of financial statements.

The Assembly has given the Secretary General up to October 2016 to share with the House the matrices of implementation of its current and previous decisions.

The issue of non-remittances by Partner States also comes to spotlight with the Assembly urging the EAC Council of Ministers to engage all stakeholders on the matter and to ensure contributions are remitted timely.

The report takes an incisive analysis of all the Organs, Institutions and projects of the Community whose budget during the period under review was USD 125,643, 894. Actual expenditure totaled USD 81,349,607, pegged at 65%. The report arises from the Audit Commission on the Financial Statements for the period ended 30th June 2015 and is in line with the Commission’s mandate to fulfil the mandate bestowed on it by Article 134 of the Treaty for the EAC.

The lengthy report also calls for a roadmap on recruitment of staff in line with the staff rules and regulations and calls for an end to short-term contracts.The Assembly advises the Council of Ministers to direct the Secretary General to strengthen EAC Secretariat’s Internal control mechanisms by ensuring that financial transactions are accurately and timely.

Consequently, there is need for the directorate of finance to render efficient and supervisory role within itself. The Assembly is concerned by the high number of adjustments to transactions in the general ledger after the submission of the Financial Statements which it terms a result of laxity.

The report further reveals of the need for EAC management to negotiate and conclusively finalise agreements that exempt VAT with all Partner States that host all meetings and events. According to the report, there is to date an outstanding VAT claimable of USD 847,183 from authorities in the Partner States.

Among other recommendations, the Committee recommends empowering the Office of the Secretary General to sanction members of staff who contravene the Treaty and the Financial Rules and regulations. With it also is the need to undertake a comprehensive review of the Procurement manual in order to bring it in line with the Financial Rules and Regulations 2012. There is need for adherence to the Procurement procedures as laid down.

The Report also takes an inward look of the Assembly itself and findings therein necessitate need for EALA Management to comply with procurement policies and the Financial Rules and Regulations. At the same time, management of the Assembly is urged to adhere to the staff rules and regulations.

At the East African Court of Justice, the report reiterates similar recommendations. The Assembly thus wants the Service Commission to be convened to develop a roadmap to fill all positions that were previously held by short-term contract holders if necessary.

The report further observes that the Partnership Fund should regularly prepare financial statements in line with the Memorundum of Understanding with the development partners.The Assembly is categorical that any or all required documents should be presented to auditors and any irregularly spent amounts reimbursed back. The findings of the African Peace and Security Architecture reveals that a number of projects were not implemented and that only 27% of the total budgeted funds were utilised.

In the regard, the Assembly wants the Council of Ministers to direct the Secretary General to draw realistic budgets, supervise and follow up on disbursement of funds and to institute a Committee which shall probe and come up with solutions to end poor budget performance. At the Kisumu-based Lake Victoria Commission (LVBC), the report emphasises strengthening of control measures, urges the institution to comply with accounting principles and recover all outstanding imprest from staff in line with regulation 40 (3) of the financial rules and regulations.

Under LVBC, the audit further covered the Mount Elgon Regional Eco-System Conservation Project, the USAID Population, Health and Environment Programme (USAID-PHE). Others are the Lake Victoria Water Supply and Sanitation (LVWATSAN) Project and the Lake Victoria Environmental Management Project II (LVEMP II) for the year ended 30th June 2015 as well as the Lake Victoria Basin Commission Partnership Fund.

The Audit reveals of shortfall in funding at the Inter-University Council of East Africa (IUCEA) despite reminders and visits made to Partner States on follow-up missions of arrears and a lack of policy to guide on utilisation of arrears.

It therefore recommends that IUCEA management should customise the EAC Secretariat policy on the use of reserve funds and apply the same on utilisation of arrears and excess funds. The education body is also urged to always seek approval for reallocation of funds and to further comply with the set rules and regulations more so on staff development matters. On its part, the Lake Victoria Fisheries Organisation in Jinja should be well funded by the Partner States.

Several reminders on outstanding contributions in form of telephone calls and written letters had not been released in a timely manner and during the period 2010-2013.

“The releases from Partner States in the FY 2014/15 improved greatly (67%) compared to the previous years (less than 35%). LVFO managed to refund USD 234,833 towards the outstanding Operation Save Nile Perch (OSNP) liability in the FY 2014/15”, the report says in part.

A number of legislators supported the report at debate. Hon Dr Francois Xavier Kalinda said irregular recruitment of staff was glaring and that it presented legal challenges for both the concerned staff and the Community itself.

Hon Bernard Mulengani remarked that diligent internal controls within the Finance department was needed and stated that lack of quorum was hampering co-ordination of the set procurement meetings.

Hon Judith Pareno said the report for the better part paints a negative picture of the Community. “It means we are not planning well and are not adhering to the Financial Rules and Regulations. We need to have the Ministers of EAC resident in Arusha to do their political bit and supervisory bit and together with the Secretary General, they will let the Community move forward”, she said.

Hon Emmanuel Nengo said the gap in efficiency in the Secretariat needed to be addressed. “The Secretary General lacks the power to reward those who work well and punish those who do the contrary and the Council of Ministers needs to look into the matter”, he said.

Hon Dr James Ndahiro said there was need for a law on procurement to be introduced to create a legal framework for procurement. Hon Dr Odette Nyiramilimo said the decision to close the African Peace and Security Architecture (APSA) needed further scrutiny.

The EAC Secretary General, Amb Liberat Mfumukeko, assured the House of reforms in financial management, reduction of travel days among others. “With these reforms, the Secretariat is due to save about USD 6 Million dollars. A few months from now, we shall be following the trends to see if we achieve our set targets”, Amb Mfumukeko said.

On procurement, Amb Mfumukeko, said the previous assessments by the European Union had returned poor scores on procurement, but that the manual had since been updated and the trend has changed.

“Last month, the EU assessment passed a positive result”, he said. “I have considered the Audit report and the Fiduciary Risk Assessment. I have hope that we shall cure the institution”, the EAC chief said.

He said many dockets and departments depended on short-term staff. “The solution to this issue is the Institutional review and we hope that the positions which were frozen shall be opened up to havethe staffing needs met”, Amb Mfumukeko said.Hon Adam Kimbisa said the establishment of a Project Co-ordination Unit was timely.

Hon Patricia Hajabakiga, Hon Bernard Mulengani, Hon Valerie Nyirahabineza, Hon Emerence Bucumi, Hon Nancy Abisai, Hon Pierre Celestin Rwigema and Hon Straton Ndikuryayo supported the Report.

Others were Hon Abdullah Mwinyi, Hon Angela Kizigha, Hon Yves Nsabimana, Hon Martin Ngoga, Hon Susan Nakawuki, Hon Dora Byamukama, Hon Dr. Nderakindo Kessy, Hon Isabel Ndahayo, Hon Frederic Ngenzebuhoro and Hon Patricia Hajabakiga.

The Minister for EAC Affairs in Burundi, Hon Leontine Nzeyimana said the Council was committed to ensuring the decision matrices are implemented.

The Chair of the Council of Ministers, Hon Dr Susan Kolimba lauded the Assembly for the oversight role and remarked the Council of Ministers would make a close follow-up of the recommendations.

Secretary General meets Kenya’s Cabinet Secretary, Ministry of East African Community, Labour and Social Protection in Nairobi

The Secretary General of the East African Community, Amb. Liberat Mfumukeko met with the Republic of Kenya’s Cabinet Secretary, Ministry of East African Community, Labour and Social Protection, Hon. Phyllis Kandie, on 30th August 2016 in her office in Nairobi, Kenya.

Amb. Mfumukeko briefed the Cabinet Secretary on five possible areas of strategic focus for the Community in the next five years (during his tenure), which include among others; consolidation of the East African Community Customs Union with focus on expansion of the list of goods under the Single Customs Territory (SCT) to cover all imports and intra-EAC traded goods including agricultural and other widely consumed products.

Implementation of the Common Market, particularly enhanced efficiency in utilisation of natural resources and further liberalization of free movement of skilled labour across the Partner States; enhancement of regional industrial development through investment in key priority sectors, skills development, technological advancement and innovation to stimulate economic development are also the strategic priority areas being proposed by the Secretary General.

Others on the list include improvement of agricultural productivity, value addition and facilitation of movement of agricultural goods to enhance food security in the region; promotion of regional peace, security and good governance; and lastly institutional transformation to, among other objectives, inculcate ethical leadership and enhance integrity in the management of the Community’s resources.

The Secretary General updated the Cabinet Secretary on the progress being made in the implementation of the reforms he instituted in the EAC Organs and Institutions in May 2016 that target cost reduction in the EAC projects and programmes. Amb. Mfumukeko disclosed that the reforms, which target savings to the tune of US$ 6 million in the Financial Year 2016/2017, were already showing positive results in that for the first three months of implementation (May to August 2016), the first estimates point to savings of US $588,768 in travel expenditures.

The Secretary General also shared with Hon. Phyllis Kandie some of the challenges the EAC Secretariat is facing as a result of delayed budget contributions from the Partner States and the long delay in getting disbursement from African Union, which is impacting on some programmes including that of the African Peace and Security Architecture (APSA) Project.

The Secretary General also updated Hon. Kandie on the state of preparations for the upcoming 34th Meeting of the Council of Ministers scheduled for 1st to 5th of September 2016 in Arusha, Tanzania, and the 17th Extra-ordinary Summit of Heads of State of the East African Community scheduled for 8th September 2016 in Dar es Salaam, Tanzania.

Hon. Phyllis Kandie reiterated Kenya’s support to Amb. Liberat Mfumukeko’s leadership and his efforts geared towards implementing reforms that focus on cutting cost at the EAC Secretariat. She said all Partner States were going through austerity measures so the Secretariat is not an exception.

The Cabinet Secretary counseled the Secretary General on the need for firm leadership, saying “firm leadership and making tough and well informed decisions for the benefit of regional integration were part of your job requirements”.

More Articles ...


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