East African Community Headquarters, Arusha, Tanzania, 6th November, 2018: The East African Legal Aid Regional Network Conference organized by the East African Committee on Judicial Education (EAJEC),International Development Law Organization (IDLO), National Legal Aid Service (NLAS), and the Paralegal Support Network (PASUNE) is underway at the Safari Park Hotel in Nairobi, Kenya.
Among the items on the agenda are to enhance established links between civil society legal aid providers including paralegals, NGOs and state justice actors in the East Africa region as well as establishing additional measures that can ensure that the expertise of non-state actors is shared with other legal aid providers, including employees of state-run legal aid schemes and members of the legal profession.
In addition, the conference is considering whether a referral system can be developed in cooperation with non-state actors, in which some of the cases received by paralegals and NGOs can be referred to lawyers and jurists active in the field of legal aid.
The four-day conference is being coordinated through panel discussions with plenary sessions; guided discussions facilitated by experts to help identify and expose different views and levels of appreciation of thematic issues; breakout sessions on thematic areas; and informal/Side events to foster policy dialogue.
The expected outputs of the conference will include an Agreement on a mechanism to monitor and report on progress on enhancement of Access to Justice through both formal and informal Legal Aid systems in East Africa; an agreement on a Memorandum of Understanding to guide the establishment of the East Africa Regional Legal Aid Network as well as a conference report that will include an outcome document with recommendations agreed by formal and informal Justice actors on the development of state funded legal aid systems in their respective jurisdictions.
The conference is being attended by 50 participants drawn from a pool of policy makers, legal aid practitioners including representatives of the respective Ministries of Justice, the Judiciary Training Institutes in the region, the EAC Secretariat, Regional Bar Associations, Offices of Public Prosecution, Pro bono Lawyers, the East Africa Law Society, relevant UN agencies and other Development Partners.
In addition, Paralegal support networks, members of the Civil Society, law schools in Universities that operate legal aid clinics, Faith Based and Community Based Organizations from Kenya, Uganda, Tanzania, Rwanda, Burundi, Somalia and South Sudan are also in attendance.
Notes to Editors
The conference is a follow-on to previous initiatives that lay the foundation for improved Access to Justice in the East Africa region through enhanced Legal Aid service provision.
In commitment to the advancement of the rule of law in Africa, IDLO and the Government of the United Republic of Tanzania co-hosted a pan-African Conference in Dar es Salaam under the theme “ACHIEVING THE 2030 AGENDA AND AGENDA 2063: The Rule of Law as a Driver of Africa’s Sustainable Development,” which took place on 1st and 2nd June 2016. The Dar es Salaam Conference concluded with concrete suggestions for future activities, including (a) the pressing need to improve access to justice; and (b) the need to engage with informal and community justice systems as one of the main means of accessing justice in Africa. It identified legal aid as a critical component in the promotion of access to justice.
In addition, the conference builds on the outcomes of the 2nd International Conference on Access to Legal Aid in Criminal Justice Systems held in Argentina in November 2016. The Argentina conference deliberated on effective strategies to improve access to justice consistent with the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice
Systems (UN Principles and Guidelines), adopted by the General Assembly in resolution 67/187. The conference identified various avenues for the promotion of legal aid, including (a) the establishment of national, regional and international specialized networks of legal aid providers; (b) the exchange of information; and (c) the sharing of international best practices and expertise, as called for in May 2016 through resolution 25/2 of the 25th session of the Commission on Crime Prevention and Criminal Justice (CCPCJ).
The conference is intended to create a regional platform for the engagement of state and non-state agencies involved in legal aid, and to encourage them to build linkages between their regional networks and the formal justice systems with a view of enhancing access to justice in Africa.
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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.
East African Community Headquarters, Arusha, 4th December, 2017:
The 36th meeting of the EAC Council of Ministers ended at the Coordination Committee level following a request from one of the Partner States to conduct the Ministerial session at a later date preferably in the month of January 2018.
Themed Enhancing Socio-Economic Development for Deeper Integration of the Community, the 36th meeting of the Council had the Session of Senior Officials running from Monday 27th November to Wednesday 29th November, 2017 and the session of the Coordination Committee (Permanent /Principal/Under Secretaries) from 30th November to 1st December, 2017 at the Imperial Royale Hotel in Kampala, Uganda.
The Council of Ministers is the Policy Organ of the Community. It consists of the Ministers responsible for East African Community/regional cooperation of each Partner State and such other Ministers of the Partner State as each Partner State shall determine. Among its functions, the Council promotes, monitors and keeps under constant review the implementation of the programmes of the Community and ensures the proper functioning of the regional organization.
For the Council to be well-constituted and conduct business, all the six EAC Partner States – Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda – must be represented. At the time of the 36th meeting of the EAC Council of Ministers, the Republic of Kenya was in the process of forming a new Cabinet following the swearing-in of H.E. Uhuru Kenyatta on Tuesday 28th November, 2017 following his re-election for a second term as the President.
Meanwhile, the Secretary General of the EAC, Amb. Liberat Mfumukeko on 30th November, 2017 received the Report of the EAC Election Observation Mission to the 26th October Repeat Presidential Election In Kenya, from the Head of the Mission, Hon. Prof. Edward B. Rugumayo.
In a brief hand-over ceremony held at the Imperial Royale Hotel, Hon. Prof. Rugumayo commended the Community for entrusting him with such a task and hoped that the observations and recommendations contained in the detailed report will be considered and acted upon by the appropriate authorities at the EAC with a view to strengthening democracy and election processes in the region.
On his part, Amb. Mfumukeko commended the Head of the Mission for his dedicated work that enabled the Community to receive the Report in a timely manner. He disclosed that the Report will be submitted to the EAC Council of Ministers for consideration and guidance.
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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.
East African Community Headquarters, Arusha, 27th November 2017:
The 36th meeting of the EAC Council of Ministers is taking place from 27th November to 2nd December, 2017 at the Imperial Royale Hotel in Kampala, Uganda.
Themed Enhancing Socio - Economic Development for Deeper Integration of the Community, the 36th meeting of the Council started today with the Session of Senior Officials which will run up to Wednesday 29th November, 2017. The session of the Coordination Committee (Permanent /Principal/Under Secretaries) is on 30th to 1st of December while the Ministerial Session will be held on Saturday 2nd December, 2017.
The meeting is considering several matters geared towards deepening and widening the regional integration agenda that include the: Report on the implementation of Previous Decisions of the Council; Report of the Office of the Secretary General; Report on Planning and Infrastructure, and; Report on Productive and Social Sectors.
Other Reports to be considered are: the Report on Political Matters; Customs and Trade; Report on the Finance and Administration Matters; and Reports of other EAC Organs i.e. East African Legislative Assembly and East African Court of Justice.
Reports of EAC Institutions are also on the agenda namely the; East African Civil Aviation Safety, Security and Oversight Agency; Lake Victoria Fisheries Organization; Inter-University Council for East Africa; East African Development Bank; Lake Victoria Basin Commission; East African Science and Technology Commission; East African Kiswahili Commission, and; the East African Health Research Commission
The Council of Ministers is the Policy Organ of the Community. It consists of the Ministers responsible for East African Community/regional cooperation of each Partner State and such other Ministers of the Partner State as each Partner State shall determine. Among its functions, the Council promotes, monitors and keeps under constant review the implementation of the programmes of the Community and ensures the proper functioning of the regional organization.
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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.
East African Court of Justice; Arusha, Tanzania; 07 July 2017:
The First Instance Division declined to grant orders sought by one Castro Pius from the United Republic of Tanzania, to stop the Partner States which have not signed the European Partnership Agreement (EPA) not to sign the same and those who have signed it from carrying out any further procedures and processes. The EAC Member States which have not signed include the Republics of Burundi (1st Respondent), South Sudan (4th Respondent) and the United Republic of Tanzania (5th Respondent) and the Republic of Uganda (6th Respondent), those that have signed are the Republics of Kenya (2nd Respondent) and Rwanda (3rd Respondent).
The Court in its Ruling said that the Applicant has failed to establish an irreparable injury that he would suffer that could not be compensated by an award of damages if the injunctive order sought is not granted. This was after he argued in his application, that he allegedly stands to suffer irreparable economic loss and serious violation of his rights under the Treaty, if the Partner States sign the EPA. It was also in the Applicant’s further contention, that the way some Partner States had acted individually in signing the EPA was harmful to the Community and to the East African economy.
In addition the Court when pressed the Applicant to expound on the irreparable economic loss and the violation of rights that he stood to suffer, he was unable to make the link between the impugned signing of the EPA and the alleged irreparable harm that the said signing would cause.
Furthermore, the Court stated that in view of the decision of the 18th Summit of Heads of States held in Dar-es-Salaam on 20th May 2017 stating that the remaining Partner States that had not signed the EPA were not in a position to do so pending clarification of the issues they had identified in the Agreement. That it appears that there is no harm to the Applicant if the injunctive order sought is not granted.
The Court went ahead and said that the Applicant failed to clarify the alleged procedures and processes had to be restrained in regard to Partner States which had already signed the Agreement that is Rwanda and Kenya, Kenya having even ratified it.
The Court also added that as far as the status of the EPA process is concerned, negotiations on the Agreement were concluded in October 2014 and the same was initialled by all EAC Partner States at the time and thereafter, the signing of the EPA was considered by the Sectoral Council on Trade, Industry, Finance and Investment, which directed the Secretary General of the Community (the 7th respondent) to liaise with the EU in order to organize the signing ceremony of the EPA.
The Court further declined to grant the order sought by the Applicant, directing the Secretary General (7th Respondent) to withdraw forthwith from any negotiations initiated with the EU in view of the 17th Extra-ordinary Summit decision aforesaid until a final decision on the Reference is delivered. The Court said that, the EPA negotiations were concluded in October 2014 and therefore, such an order cannot be granted as the negotiation phase is now closed.
Present in Court to receive the Ruling were the Representatives of the 2nd Respondent (Kenya) represented by Ms. Jenifer Gitiri, Senior State Counsel and Maurice Ogosso, State Counsel, the 5th Respondent (Tanzania) was represented by Ms Aidah Kisumo, Senior State Attorney, the 6th Respondent (Uganda), represented by Elisha Bafirawara and the 7th Respondent Secretary General represented by Stephen Agaba. The representatives of the 1st Respondent (Burundi), the 3rd Respondent (Rwanda), and the 4th Respondent (South Sudan), were not present in Court.
The Ruling of the Court was read by Hon. Justice Faustin Ntezilyayo, of the First Instance Division in open Court.
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For more information, please contact:
Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149 Email Okubo [at] eachq.org Arusha, Tanzania http://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.
East African Community Secretariat; Arusha, Tanzania; 16 June 2017:
The Registrar of the Mechanism for International Criminal Tribunals (MICT), His Worship Olufemi Elias, accompanied by Mr. Samuel Akorimo, Head of Office MICT Registry Arusha Branch and Mr. Ousman Njikam, External Relations Officer, Arusha Branch today paid courtesy call on the EAC Secretary General, Amb Liberat Mfumukeko. The Secretary General and his guests explored areas of collaboration including Peace and Security in the region.
The Secretary General briefed His Worship Olufemi Elias on the current achievements in the pillars of the regional integration and development process. He disclosed to the Registrar that the Community had expanded tremendously within a short spell of time which has necessitated a review of its institutional set-up and work on a sustainable financing mechanism.
On his part, the Registrar informed the Secretary General on the structure of MICT and explained that, the Mechanism has two branches: one in Arusha, United Republic of Tanzania, which covers functions inherited from the International Criminal Tribunal for Rwanda (ICTR), Arusha Branch, and the other in the Hague, the Netherlands, which covers functions inherited from the International Criminal Tribunal for Yugoslavia (ICTY), the Hague Branch. The Arusha Branch additionally has a satellite field office located in Kigali, Rwanda ("Kigali Office”).
In addition, his Worship said that, the Mechanism is responsible for the preservation, including the management and access, of the ICTR, the ICTY, and the Mechanism archives. These archives includes; investigations documents , indictments, and court proceedings, the protection of witnesses, work relating to the detention of accused persons, the enforcement of sentences, and the Tribunals’ relationships with other law enforcement authorities in member countries.
Mr. Samuel Akorimo, Head of Office MICT Registry Arusha Branch added that with the completion of the ICTR’s mandate at the end of 2015, and the expected completion of the ICTY’s mandate at the end of 2017, further cases related to crimes committed in Rwanda and the former Yugoslavia are now being tried within national jurisdictions.
Accompanying the Secretary General at the meeting was the EAC Deputy Secretary General in charge of Finance and Administration, Hon Jesca Eriyo.
Meanwhile, the Secretary General also met the Director of the East African Local Governments Association (EALGA), Eastern Africa Regional Office, Dr Juma Menhya accompanied by his Programme Assistant, Mr Baraka Marandu who had paid him a courtesy call in his office.
The Secretary General and his guest discussed several issues including how EALGA can strengthening their advocacy and commitment with EAC and other intergovernmental bodies by establishing structured dialogue platforms.
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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.
East African Court of Justice; Arusha, Tanzania; 16 June 2017:
The First Instance Division heard an inter parties Application file by Wani Santido from the Republic of South Sudan against the Attorney General of the Republic of South Sudan, the Speaker of the Parliament of South Sudan and the Secretary General of the East African Community on 15th June 2017.
He was seeking court order to restrain the East African Legislative Assembly (EALA) from administering the oath of office, or otherwise recognizing nominees from the Republic of South Sudan.
The Applicant represented by Donald Deya withdrew the Application after the consent by the Representatives of the Attorney General of South Sudan (1st Respondent) and the Speaker of the Transitional Legislative Assembly of the same (2nd Respondent). The two Respondents revoked the nomination of the nine (9) members to East African Legislative Assembly (EALA) as indicated in Resolution No. 04/2017, dated 13th June 2017 and adopted by the Transitional National Legislative Assembly of the government of South Sudan.
The 1st and 2nd Respondent also committed that they will hold fresh election which will meet the requirements of Article 50 of the Treaty for the establishment of the East African Community. The Secretary General of EAC 3rd Respondent aslo committed to provide a concise legal opinion and otherwise assist the 1st & 2nd Respondents to the best of his ability to abide by the requirements of the Treaty.
On 5th June 2017, the Court granted an interim Ex- parte order pending hearing of the Inter parties’ application. committed that they will hold fresh election that will meet the requirements of Article 50 of the Treaty for the establishment of the East African Community. The Secretary General of EAC will provide a concise legal opinion and otherwise assist the 1st & 2nd Respondents to the best of his ability to abide by the requirements of the Treaty. After they reached this consent the Applicant withdrew the Application which had been eariler filed to Court seeking the Court's order restraining the East African Legislative Assembly from administering the oath of office, or otherwise recognising nominees from the Republic of South Sudan. On 5th June 2017, the Court granted an interim Ex- parte order pending hearing of the Inter partes application today. The Applicant is called Wani Santido Jada . committed that they will hold fresh election that will meet the requirements of Article 50 of the Treaty for the establishment of the East African Community. The Secretary General of EAC will provide a concise legal opinion and otherwise assist the 1st & 2nd Respondents to the best of his ability to abide by the requirements of the Treaty. After they reached this consent the Applicant withdrew the Application which had been eariler filed to Court seeking the Court's order restraining the East African Legislative Assembly from administering the oath of office, or otherwise recognising nominees from the Republic of South Sudan. On 5th June 2017, the Court granted an interim Ex- parte order pending hearing of the Inter partes application today. The Applicant is called Wani Santido Jada .Mr. Wani Santino Jada who represented himself in Court at the ex parte hearing said that on or about the 11th March 2017, His Excellency the President of the Republic of South Sudan, Salva Kiir, appointed nine (9) persons to represent the said Partner State in EALA which was in violation of Article 50 of the Treaty for the Establishment of the East African Community. The swearing-in of EALA MPs that was due to take place on 5th June 2017 was postponed by the Assembly until further notice.
Both the Applicants and the Respondents have jointly applied for adjournment of the hearing of the main Reference which was scheduled for next week Wednesday 21st June 2017, until the elections have been held. The Applicant went ahead and submitted that, they got assurance from the 1st and 2nd Respondents that they will hold elections possibly next week.
The Court accepted the consent by the Respondents and allowed to be filed in the Registry.
The Representatives for the Respondents were Mr. James Mayen Oka for the Attorney General, under the Secretary of Justice and Constitutional Affairs, Mr. Alalla Younis Said Loro, Clerk of Assembly Transitional National Legislative Assembly South Sudan, Ms. Florence Ochago Principal Legal Officer and Brenda Ntihinyurwa Legal expert for the Secretary General EAC. The Applicant was also present in Court.
The matter was before a bench of the First Instance Division of the Court comprised of Justices Monica Mugenyi, (Principal Judge); Isaac Lenaola, (Deputy Principal Judge); Faustin Ntezilyayo, Judge; Fakihi Jundu, Judge and Audace Ngiye, Judge
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Notes to Editor:
Article 50 (Election of Members of the Assembly)
The National Assembly of each Partner States shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.
For more information, please contact:
Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149 Email Okubo [at] eachq.org East African Court of Justice Arusha, Tanzania http://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.
East African Court of Justice; Arusha, Tanzania; 12 June 2017:
The President of the East African Court of Justice Hon. Justice Dr. Emmanuel Ugirashebuja paid courtesy call to the Chief Justice, His Lordship Justice Sam Rugege and Minister of Industry, Trade and East African Community Affairs, Hon. François Kanimba of the Republic of Rwanda on Tuesday and Wenesday last week.
The purpose of the courtesy call was to establish the collaboration with the Judiciary of Rwanda through preliminary rulings of National Courts, whenever they have any matter to refer to the EACJ for Treaty interpretation and application under Article 34 of the Treaty for the Establishment of the East African Community.
His Lordship the President told the Chief Justice that there is need to strengthen this relationship by educating the Rwandan Judicial Officers (Judges, Registrars and other officers) on this provision to enable them understand and utilize it whenever a question on interpretation of the Treaty raises before any Court or tribunal in Rwanda or any other Partner State.
In addition, Justice Ugirashebuja explained the impact on the jurisprudence of the EACJ in the regional integration process.
He emphasized that, the decisions of this Court (EACJ) on the interpretation and application of the Treaty, have precedence over decisions of national Courts on similar matter as it is stipulated under Article 33 (2) of the Treaty.
Justice Ugirashebuja also informed the Chief Justice on the EACJ strategy, to hold court sessions in the Partner States as a way of bringing Justice closer to the East Africans which will at the same time enhance the visibility of the Court. He added that the Court has so far conducted its sessions in two Partner States, the Republic of Kenya and United Republic of Tanzania and therefore it should be rotational to all other Partner States as well.
The President further expressed the need of support from the Judiciary of Rwanda in providing court rooms and offices whenever there is sitting of EACJ in Rwanda. Further he thanked the Chief Justice for hosting the EACJ Sub-registry in Kigali that, it a sign of existing relationship that needs continued collaboration.
On his part the Chief Justice of Rwanda, thanked the President for having thought about collaboration with the Judiciary and finally pledged his support to East African Court of Justice in its collaboration with the national courts in particular.
His Lordship the President of the Court, while meeting the Minister of Industry and Trade, Hon. Kanimba, explained the jurisdiction of the Court which was extended to handle matters on trade and investment, pending ratification by the Partner States.
He further appealed to the Minister to follow up on the Government of Rwanda through His Excellence the President of the Republic of Rwanda, Paul Kagame to speed up the ratification process and deposit the instruments for ratification to the Secretary General.
Justice Ugirashebuja also requested the Minister to champion and advocate for the Court to the Council of Ministers to end the ad-hoc nature of the services of the Judges. He further said that, because some Judges serve as judges in their national courts and therefore it might cause delays in disposing off some cases in the EACJ due to their busy schedules in their Partner States judiciaries.
In addition, the President of the Court asked the Minister, the Council of Ministers to request the Summit to determine the permanent seat of the Court as the Treaty provides under Article 47 of the Treaty.
Justice Ugirashebuja, finally called upon the Minister to table the EACJ Administration Act, to the Council of Ministers and be submitted to the President to assent to it. His Lordship further requested the Minister to facilitate the process and to ensure the Act is expeditiously assented to, so that the Court can be granted its fully Financial Autonomy.
The Minister commended the President for the initiative to visit the Ministry, to explain the role and jurisdiction of the Court in the furtherance of the EAC Integration agenda. The Minister assured him his fully support to ensure the EACJ smooth operations in delivering quality and quick justice to the East Africans, especially on the utilization of the trade and investment jurisdiction as the Partner States continue the implementation of the Customs Union and Common Market Protocols, where a number of disputes may a raise.
The President further proceeded to Nyanza, at the Institute of Legal practice to deliver a lecture on the contribution, role and jurisdiction of the Court.
The president said that the courtesy calls started in the Republics of Uganda, United Republic of Tanzania, now Rwanda and the will still continue to other Partner States. The President was accompanied by the Registrar of the Court, His Worship Yufnalis Okubo and other support staff.
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For more information, please contact:
For more information please contact: Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149 Email Okubo [at] eachq.org East African Court of Justice Arusha, Tanzania http://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.
East African Court of Justice; Arusha, Tanzania; 06 June 2017:
The First Instance Division of the East African Court of Justice has granted an interim ex parte order restraining the East African Legislative Assembly from administering the oath of office, or otherwise recognising nominees from the Republic of South Sudan pending the hearing inter partes on Thursday 15th June 2017.
An Application was filed by Mr. Wani Santino Jada, a citizen of the Republic of South Sudan against the Attorney General of the Republic of South Sudan, the Speaker of the Parliament of South Sudan and the Secretary General of the East African Community who are to be served with the ex parte order issued by the Court.
Mr. Wani Santino Jada who represented himself at the ex parte hearing said that on or about the 11th March 2017, His Exellency the President of the Republic of South Sudan appointed nine (9) persons to represent the said Partner State in EALA was in violation of Article 50 of the Treaty for the Establishment of the East African Community.
He argued that, whereas the swearing-in of EALA MPs that was due to take place on 5th June 2017 at 2.30pm had since been deferred incidentally, it could nonetheless transpire before the hearing of the interim orders inter parties thus rendering the said Application nugatory.
The ex parte hearing was before a bench of the First Instance Division of the Court comprised of Justices Monica Mugenyi, Principal Judge; Isaac Lenaola, Deputy Principal Judge; Faustin Ntezilyayo, Judge; Fakihi Jundu, Judge and Audace Ngiye, Judge.
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Notes to Editor:
Article 50 (Election of Members of the Assembly)
The National Assembly of each Partner States shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.
For more information, please contact:
For more information please contact: Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149 Email Okubo [at] eachq.org East African Court of Justice Arusha, Tanzania http://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.
East African Court of Justice; Entebbe, Uganda; 30 May 2017:
The Chief Justice of the Republic of Uganda, Justice Bart Katureebe officially opened the East African Court of Justice (EACJ) mid-year plenary and strategic plan meeting which set off in Entebbe, Uganda. His Lordship represented by the Honourable Justice Eldad D. Mwangusya, judge of the Supreme Court Uganda, said that decentralization of the operations in the East African Court of Justice to each Member State is a noble idea and a grand milestone in terms of enhancing access to justice to the citizens of the region. “I therefore congratulate the Court on realizing the objective of bringing regional justice closer to the East Africans, Uganda in particular”
His Lordship further said that, he is reliably informed that towards the end of the negotiations of the Common Market Protocol, the EACJ was already in the Process of preparing its 5-year Strategic Plan 2011/15, among the main strategic issues identified was the need to improve the Court’s visibility in the Partner States. He added that the establishment of the sub-registries was identified as one of the ways the existence and presence of the EACJ would be better felt at Partner States level and “I believe this will remain a focal point in the Court’s future strategic planning and management and that the same will be fully utilized.” The Chief Justice stated.
Justice Mwangusya, also added that, as a regional court, the EACJ is expected to offer leadership, not only in terms of jurisprudence but also in innovative practices. I am therefore glad to learn of the technological achievements that have been realized by the Court, I am aware the Court introduced a case management and recording system which is already operational.” He noted. In the Chief Justice’s speech further said that, the Court sub-registries located in the Member States can now file and upload cases online where the Registrar and other staff in Arusha can have access and take them through the process from initiation to disposal electronically.
In addition, His Lordship, the Chief Justice went ahead and acknowledged the signing of the Protocol on extension of the jurisdiction of the East African Court of Justice to matters of trade and investment. That this development came at a time when EAC Member States were in process of implementing the Customs Union and the Common Market Protocols. That the implementation will definitely give rise to disputes among traders and investors in the region. He also added that once the Protocol is ratified by the Partner States, the citizens will be able to file cases concerning trade and investment disputes across the region and this will make the Court not only busier but also more relevant to the entire citizenry in the region.
The Chief Justice Hon. Bert Katurebe, emphasized on the good co-operation between the EACJ and the Judiciary of Uganda. “We have been sharing some of our Judges with the Court, at the moment, we have 2 of our Judges, Justice Geoffrey Kiryabwire of the Appellte Division and Justice Monica Mugenyi Principal Judge of the First Instance Division, I wish to appreciate the two Judges for carrying our flag high” His Lordship stated. He also went further and pointed out the other areas for further co-operation of the Court, which they might exploit, training, judicial exchange and benchmarking are areas for greater co-operation. He also emphasized that, they hope to deepen the co-operation with the Court in technical and legal aspects such as the use of information technology in Court processes and administration, prompt sharing of court decisions and jurisprudence, research, among others.
His Lordship, strongly pointed out that, the participation by the Ugandan judiciary in the EACJ’s programs will significantly add to ideas that contribute to the harmonization of their laws and procedures towards the uniform dispensation of justice in the region and greater integration. That this is in line with the requirement in Article 126 of the Treaty which states that; “In order to promote the achievement of the objective of the Community set out in Article 5, the Partner States shall encourage the standardization of the judgements of Courts within the Community.
Finally, the Chief Justice’ s representative, concluded by re-affirming their commitment to offering further support to the activities of the EACJ as may be required and in line with the integration agenda.
The President of the Court, Justice Dr. Emmanuel Ugirashebuja also in his opening remarks, pointed out that, the Judicial branch is an essential element of the infrastructure of the East African Society. Like most infrastructure projects, any judiciary requires continual maintenance, upkeep and renovation. He also added that, the Judicial branch, just like any other branch, is in a constant evolutionary mode, it develops over time influenced by events by social and political change and in turn its development yield further transformation. Rules and practices change, and in changing, they change themselves and us. That It is for this reason that we deemed it necessary to organize this second retreat with a view of taking stock of what has happened and charting the way forward in the coming years.
His Lordship further said that, the Judiciary of Uganda has over years undergone a tremendous transformation. “We are grateful that we will share the experiences of Uganda. I am also very sure that we will draw a lot of lessons and inspirations in the experiences” the Court’s President expressed. He again added that the Interdependence of our respective judiciaries require our greater consciousness to collaborate because as he recently pointed out in a colloquium organized by the Mechanism for the International Criminal Tribunal, more is demanded of them Judges in their societies and in the East African Community of which are part. “We have common vested interests in each other’s success”. That initiatives such as this retreat and insights from national judiciaries in all partner states of East African Community help us all contributed to that success.
Justice Ugirashebuja again said that, it is important to note that even though the Court may draw certain lessons from national jurisdictions such as Uganda, the East African Court of Justice can only draw those lessons which can be applicable to the circumstances the Court finds itself in. That the East African Court of Justice is a treaty-based court established by the EAC partner states and thus does not enjoy the strong protections enjoyed by National Judiciaries entrenched in constitutions. Needless, to recount the well-known scenario of how the Court underwent significant changes by a stroke of a pen after the ruling in the landmark case of Anyang Nyong.
He finally said that the developments have occurred which justify the need for this meeting. First, the East African Legislative Assembly passed the EACJ Administration of Justice Bill. That It is yet to be assented to by the Partner States of the EAC; the Council of Ministers granted financial and administrative autonomy of the Court, details of which the Court Judges will discuss in this Plenary. Second, the Court has an elaborate case management system which has not been utilized to its full capacity. He emphasized that, It is generally recognized that maintaining court files on paper is outmoded. That IT could be used more extensively and effectively to improve process in this era of communication is indisputable. Third, that the first Strategic Plan of the Court came to an end and they are in the process of developing a second Strategic Plan. He therefore added that all these changes as well as best practices found in other international jurisdictions as well as national jurisdiction will enrich their discussions in this meeting.
The President concluded by saying that Justice is central to the ongoing prosperity and fairness of our democratic society. That for this reason, it is important that the Judiciary is actively involved in leading and shaping the Justice system, in concert with other stakeholders.
In attendance were all the Judges of the EACJ, the Registrar, Deputy and other support Staff of the Court.
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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.
East African Court of Justice; Tanzania; 26 May 2017:
The East African Court of Justice mid-year plenary and strategic plan meeting is set for 29th May 2017, in Entebbe, Uganda, and will be officiated by the Chief Justice of the Republic of Uganda, His Lordship, Bert Katurebe,. The Plenary for the Judges of the Court is a forum that brings together all the Judges, to carry out the planning as well as review the implementation of the previous activities, achievements and challenges of the Court on an annual basis. The Plenary also reviews the Rules of Procedure for the Court and makes amendments where necessary to suit all the operations of the Court and to include new developments.
On the plenary agenda, the Court will deliberate on various items that will include; reports from the Judge President, Principal Judge, and the Registrar; progress reports on EACJ 2016/2020; EACJ Administration of Justice Act, 2017; EACJ Administration and Financial Autonomy; proposed draft Terms of Reference for various Committees of the Court; report from the Rules Committee; (draft Code of Conduct); and proposed amendments to EACJ Rules of Procedure.
The Court also will embark on the development of the 2nd EACJ 5-year Strategic Plan 2016-2020, as well as review the achievements of the previous one (2010- 2015), to enable the Court achieve its goals and objectives.
The strategic plan will help identify the strengths, weaknesses, opportunities and threats of the Court, thereby providing an insight to the future. It is hoped that the strategy will build upon strengths and take advantage of the opportunities while overcoming and minimizing the effects of weaknesses and threats.
The meeting will also bring in the participation of a consultant and staff of the Court who will work towards the transformation of EACJ through implementation of the strategy. The strategic analysis plan is part of the efforts the court is making to define its own specific integral role in EAC integration process.
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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.
