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Legal & Judicial Affairs

Chief Justice of the Republic of Kenya benchmarks EACJ Case Management and Recording System

East African Court of Justice; Arusha, Tanzania; 08 February 2017:

The Chief Justice and President of the Supreme Court of the Republic of Kenya yesterday visited the Court to study the operation of the Case Management and Recording System (CMRS). His Lordship, Justice David Maraga appreciated the invitation by the EACJ President Justice Emmanuel Ugirashebuja to visit the Court and especially to learn and know how the Regional Court is becoming a digital and paperless Court.

Chief Justice Maraga commended the technology advancement of the EACJ which he observed will increase the efficiency in the judiciary thus rendering justice timely and reducing the backlog of cases. He noted that the Judiciary of Kenya have been trying to introduce the same but has not yet reached to the level required and that with experience from EACJ, they will be able to introduce the similar system too.

His Lordship, the EACJ President, Hon. Justice Ugirashebuja welcomed the Chief Justice and expressed gratitude to him  for accepting his invitation to visit the Regional premises in Arusha . He also commended him for being the first Chief Justice in the Region to visit the Court.

His Lordship Justice Geoffrey Kiryabwire, Judge of the Appellate Division who heads the EACJ Information Technology Committee, presented a rich and detailed paper on the establishment and operations of the case management and recording system at the EACJ as well as in his National Court that is the Court of Appeal of the Republic of Uganda where he also serves as a Judge.

Justice Kiryabwire thanked the Chief Justice for having thought about benchmarking with the EACJ on how CMRS works. He also explained the importance of CMRS as an enabler for an efficient and faster running the Court businesses. Justice Kiryabwire said that the case management and recording  system through electronic filing system addresses the common mistakes of litigants files going missing in the Registries, hence promotes transparency and safety record keeping. He also added that the system supports recording and transcription of proceedings which have replaced handwritten practices that are time consuming and increases paper work.

His Lordship further stated that, the system improves good public perception of the Court and is cost effective because it cuts costs of transporting pleadings from Partner States. That, it is a user friendly system and easy to understand and navigate. Justice Kiryabwire further recommended that, CMRS requires training of the stakeholders and continuous practice until they are used to it. He also pointed  that, for any ICT system in a judiciary to be effective, it needs the following; a vision bearer/ good leadership, attitude change from analog to digital thinking, investment cost, functional / motivated ICT department and staff, working with the Bar and incorporation of the use of ICT in Rules of procedure/ ICT Policy.

In his conclusion Justice Kiryabwire said that, in EACJ the system is not yet open to the Lawyers as modalities are still being put in place for this. Electronic filing can however be done at the Court Sub-registries in the Member States.

The Chief was accompanied by Hon. Justice Stephen Kairu of the Court of Appeal of Kenya and other senior officials from the Judiciary, while the EACJ President with the Judges of the Appellate Division, Registrar of the Court Hon. Yufnalis Okubo and other staff of the Court.


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Notes to Editor: 

Case management System

The case management system developed as an engine to facilitate the court’s procedures and processes. The system currently can perform the processes of the court from first to last stage as expected. Custom built in alignment to the court’s rules of procedure, the system runs just as the traditional processes would. It documents, records and audits each stage of the case in the Court. Developed with the capability of e-filing, this system in the future will give stakeholders capabilities to interact with the court system and file cases at their desks from any location.

Court Recording System

Provided by Jefferson’s Audio and Visio systems (JAVS), and responsible for video and audio court recording, JAVS has fitted the court with both a software and hardware outfit that makes it possible for the court to record its sessions as they proceed and also give the capabilities to live stream sessions as they are going on. This system also built in integration with the case management system to have the cases synchronized with their respective MPEG sessions for reference reasons. This marriage between these systems propels the court to a world class court pushing the boundaries the court to a world class technological platform.

The system was launched by the EAC Heads of State on 30th April 2014 at the Extra-Ordinary Summit of the East African Community in Arusha, Tanzania.

For more information, please contact:

Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: 255-27-2162149
Email: 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.

Court decides on Hon. Zziwa’s Case over Her Impeachment from EALA Speakership

East African Court of Justice; Arusha, Tanzania; 06 February 2017:

The First Instance Division on Friday last week delivered a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community.

The Court in its judgement declined to grant the orders to reinstate Hon. Margaret Nantongo Zziwa to the position of the Speaker of the East African Legislative Assembly (EALA).

The Court said that, its mandate is to interpret and apply the Treaty as it is stated under Article 23 and 27 of the Treaty for the establishment of the EAC within the Principles set out in Articles 6, 7 and 8 of the Treaty. Further that one of the principles in Article 6 (d) which is that of democracy and rule of law, which necessarily include the principle of separation of powers and therefore it cannot be seen directing EALA on how it should conduct its business hence it was unable to grant the order.

Also the Court declined to grant orders on special and general damages to the Applicant, it found out that the Applicant have contravened Rule 9(6) of the Assembly’s Rules of Procedure, which action might have triggered other actions, some patently unlawful. Still that she (Hon. Zziwa) cannot then be seen to benefit from her role in the procedural impasse that dogged the Assembly. Rule 9(6) states that; “The Speaker in respect of whom proceedings for removal have commenced shall not preside over the proceeding”

The Court added that given the interpretative jurisdiction of the Court as depicted in Article 23 and 27 of the Treaty. That it found no legal provision in this Court’s Rules of Procedure for the award of damages as a remedy. The Applicant had asked Court an award of special damages in form of loss of earnings of a salary of USD 6,700 per month and housing allowance of USD 3,000 per month, plus other allowances and financial benefits.

The Court further declined to grant an award of costs in the matter, that the Applicant’s flout of Rule 9(6) of the Assembly by presiding a matter in her own cause and that her conduct as the steward of the Assembly, could have triggered the unfortunate series of the events of her removal. Court ordered each party to bear its own costs.

However, on the other hand the Court also declared that the sitting of the Assembly on 26th November 2014 presided over by a temporary Speaker, an entity and office unknown to the Treaty and the Rules of Procedure of the Assembly was unlawful and violated Article 56 of the Treaty. Article 56 states that; “Presiding in the Assembly; a) the Speaker of the Assembly; or b) in the absence of the Speaker of the Assembly, such elected member of the Assembly as the elected members may elect for the sitting”

In addition to the above, the Court also found that the Committee on Legal Rules and Privileges, in allowing Members of the Assembly who initiated the motion for removal of the Applicant to sit and determine whether she should in fact be removed, violated the basic rules of natural Justice that an accuser cannot also be the judge in proceedings against the accused. Further that any real or perceived bias on the part of the Committee invalidated its proceedings. The Court added that having made the findings regarding the composition of the Committee and its proceedings, it follows that its report, whatever the merit thereof, was rendered invalid.

The judgement was delivered by the Honourable Judges of the First Instance Division, these include; Hon Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.


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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.
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.

Court to resume Sessions with the delivery of a Judgement for Hon. Zzziwa


The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community. 

Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for  EALA up to date.

The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.

On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.

On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.

The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.

All matters will be in open Court 2nd Floor EACJ wing.


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For more information, please contact:

 

 

 

Court to resume Sessions with the delivery of a Judgement for Hon. Zzziwa

The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community. 

Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for  EALA up to date.

The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.

On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.

On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.

The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.

All matters will be in open Court 2nd Floor EACJ wing.

Court to resume Sessions with the Delivery of a Judgement for Hon. Zzziwa’s Case

The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.

Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for  EALA up to date.

The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.

On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.

On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.

The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.

All matters will be in open Court 2nd Floor EACJ wing.

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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  |  sgoffice@eachq.org