Press Resleases
Court Hears an Application seeking Court’s Order for Stay of Signing the EPA by Partner States
| Trade
East African Court of Justice; Arusha, Tanzania; 15 March 2017:
The First Instance Division heard an Application filed by Castro Pius Shirima a Tanzanian resident against the EAC Partner States and the Secretary General. The Applicant is seeking the Court’s order for stay of signing the European Partnership Agreement (EPA). According to the status of the Partner States on the signing of EPA, the Counsels representing the Respondents confirmed that the Republics of Kenya and Rwanda have signed the Agreement. And Kenya has even ratified. However they are asking Court to order the 2 Partner States stay any other pending procedures.
The Applicant’s agent Mr. Moto Matiko Mabanga, submitted that, it is very clear that Kenya and Rwanda have signed the EPA, however they also have to come to an agreement with other EAC Partner States to sign one single document of the Agreement. He also said that the Republic of South Sudan as a state which did due diligence before joining the Community and the fact that it is a member of the EAC, makes it automatically part of the negotiation and therefore it cannot say it was not involved in the negotiations.
He further urged that the Community must ensure that it does not fall into the same disagreements and different conclusions by different Partner States which led to the collapse of the previous EAC, but rather achieve the fundamental Principles of the Community, to build a sustainable Community and its economy.
Moto also said that, the legal representatives of the EAC should not be involved into arguing on the technicalities but look at what will sustain the region. He again added that, even if Kenya and Rwanda signed the EPA, due to purposes of Justice, it can be reversed. He finally called Court grant orders as sought.
Mr. Nestor Kayobera representing Burundi submitted that, the Applicant is requesting Court to stop the Partner States which have not signed stay from signing but did not ask for withdrawal of those that have signed already. He further said that, it is the 1st Respondent’s contention that, the Application is not necessary neither desirable in accordance to Article 39 of the Treaty for the Establishment of the East African Community on granting of interim orders. Article 39 provides that, “the Court may in a case referred to it make any interim orders or issue any directions which it considers necessary or desirable”
He also added that Burundi as sovereign state will sign EPA at an appropriate time as other Partner States have signed.
Further still, Kayobera submitted that, the Court has set three conditions for granting interim orders; 1) that if the Reference has a pre-mafacie case and a probability of success. That in his view there is no pre-mafacie case and no probability of success; 2) that if the Applicant will suffer irreparable injury, he urged that, the Applicant has not shown court which economic injury he will suffer if the 1ST Respondent signs the EPA; 3) that the other important condition is that the Court will consider the balance of convenience. He also added that the Applicant has not shown why he is requesting for the stay but rather based on his arguments which are speculative. He asked Court to dismiss the Application.
2nd Respondent Kenya represented by Ms. Jenifer Gitiri, submitted that they raised points of pre-preliminary objections pursuant to rule 41 of the EACJ Rules of Procedure; whether the Court has jurisdiction to hear the matter; whether the disputes raised by the Applicant are a dismissible; whether an order of stay should be granted especially for Kenya which has signed the agreement already.
Ms. Gitiri urged that, pursuant to Article 27 (1) of the Treaty which provides that; “Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States”. She further said that the signing of EPA is a Treaty making process which is a mandate of the sovereign state and therefore jurisdiction of the Court does not extend to the sovereignty of the Partner States in EAC.
She also submitted that the process of signing of EPA begun way back in 2004 under the APC African Pacific Caribbean group of states under EU and that mandate was in exercise of their sovereignty as states, that so it cannot be challenged in this court. She again stated that EPA negotiation were made pursuant to Article 37 of the Protocol for the Establishment of EAC Customs Union as well as Article 37(1) of the Protocol for the Establishment of EAC Common market, that therefore it cannot be admissible in this Court.
Ms. Gitiri also urged that Article 130 (3) of the Treaty provides that “with a view to contributing towards the achievement of the objectives of the Community, the Community shall foster co-operative arrangements with other regional and international organizations whose activities have a bearing on the objectives of the Community” She therefore added that when EAC Member States agreed to negotiate on the EPA, they were doing it to foster the activities that are a bearing to the objectives of the Community. That therefore the Applicant cannot purport to stop the functions of the sovereign states in signing this agreement. Again she added that on the 17th Extra-ordinary Summit, the Heads of State discussed the issue and agreed that they will meet at a later time so that other Members which have not signed can sign. She therefore submitted that if the Summit have seized the issue then it is not admissible to this Court.
The 2nd Respondent (Kenya) further contended that according to Article 30 (2) of the Treaty which provides that; “any proceedings must be constituted within two months from the day the Applicant came into the knowledge of the complaint”. She added that the negotiation in EAC started in 2004 and the EAC Member states chose configuration where they will negotiate as the block. From that time the Summit met in 2004 and 2007 and made decision that they will negotiate. That the negotiation were completed in 2014 when the agreement was initiated by the Heads of State which signified the finalization of the EPA negotiation and the Partner states proceeded with the legal translation of the documents and completed in September 2015. She therefore challenged the Applicant that failure to file the dispute within the time limit as stipulated in the Treaty makes the application being time barred and so asked Court to dismiss the Application.
In addition Ms. Gitiri submitted that, the Applicant has not tendered any evidence to Court, how he will be prejudiced by the signing of the EPA. That failure to do that the Application should not be granted.
Mr. Onguso also for the 2nd Respondent added that the Applicant failed to demonstrate the other processes that should be stayed as against the States which have already signed and ratified (Kenya and Rwanda) and also that he failed to show which errors those two Partner States have made by signing the EPA. So in conclusion he said that, on that basis the applicant doesn’t qualify to benefit from the prayers he sought.
The 3rd Respondent (Rwanda), the Counsel Mr. Nicholas Ntarugera submitted that he fully supports the submissions of the 2nd Respondent (Kenya), he went ahead and said that the Applicant has failed to clarify the damages he will suffer from the signing and the Community as whole and that Rwanda signed EPA as its obligation as a Member of EAC. That the un mentioned pending procedures the Applicant is complained of should not be entertained by this court.
The 4th Respondent (South Sudan), represented by Mr. Moses Swake submitted that, RSS was not part of the negotiations which took place before its admission to EAC and that the ruling this Court will deliver will not be binding South Sudan. He furthers added that the Applicant has not exactly mentioned what the issue is but he just said that the EAC Member states are not working together. In his view he said that, the members came together for the benefit of the region and its people.
The 5th Respondent (Tanzania), represented by Mr. Mark Mulwambu submitted that the Applicant has no cause of action against the 5th Respondent. He also said that, Tanzania has not signed EPA and has not indicated that they intend to sign the Agreement, that the allegations by the Applicant don’t have anything substantive and therefore wastage of time and abuse of process and should be dismissed with costs.
The 6th Respondent (Uganda), represented by Elisha Bafirawara, submitted that, they associate themselves with other respondents and also added that looking at the benefits of signing EPA Agreement will bring to the EAC as a region, that they find that to injunct the process of signing will cause a lot of inconvenience to the EAC Partner States and the Applicant will not be affected at all.
The 7th Respondent Secretary General represented by Stephen Agaba, submitted that, the Secretary General disapproves the urgency of the application and that it is based on misinformation and speculation because he did not show the cause of action against the 7th Respondent. He again said that the order sought by the Applicant court to direct the Secretary General to withdraw from negotiations, that the applicant does not know the role of the Secretary General in the negotiations of signing the Agreement.
Agaba still said that, the negotiations are spearheaded by the Heads of State and therefore the SG cannot be directed to withdraw from the negotiations. Further, that there are no negotiations going on, they were concluded and now on the level of signing and ratification and so the 7th Respondent from something that is not taking place. That they find the order sought misplaced and so be dismissed.
The Court will deliver its ruling on notice.
The matter was before Honorable Mr. Justice Isaac Lenaola (Deputy Principal Judge), Honorable Dr. Justice Faustin Ntezilyayo, Honorable Mr. Justice Fakihi A. Jundu
- ENDS -
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.
Assembly Nods Report on Rail Infrastructure
East African Legislative Assembly; Kigali, Rwanda; 10 March 2017:
The regional Assembly is recommending for the improvement of the extensive rail network and penetration in the region. With the construction of the Standard Gauge Railway underway, EALA wants the region to enhance information sharing on the upgrade of the rail network especially that concerning the timelines by Partner States given that the construction is at different levels. In the same regard, Partner States should continue with rehabilitation of the existing railway networks to complement the new ones.
A report of the Committee on Communication, Trade and Investments adopted by the House late yesterday afternoon recommends that Partner States should set aside annual budgets to sustainably fund the implementation of railway projects in the region.
The Committee further recommends that the East African Community should create an EAC infrastructure fund.
The report presented to the House by the Chair of the Committee on Communication, Trade and Investment, Hon. Fred Mukasa Mbidde, follows an oversight activity of the railway infrastructure in the Partner States undertaken on December 12th – 15th, 2016, in the Partner States. The objectives of the workshop were to: understand the status of the Railways Master plan in the EAC; as well as that of EAC specific Partner States’ Railway Infrastructure development and thereafter come up with recommendations.
The Committee further reviewed the EAC Railways Master Plan identifying a number of issues including high cost of transport making products expensive and international trade uncompetitive. At the same time, there are low freight volumes, reduced market share for railways. The Committee takes note of a weak business regulatory environment in the transport and rail sub-sector. It calls for strategic leadership and review of national policies and laws on the rail as well as enhanced public private partnerships. The Committee further emphasises the need for development of excellence in railway capacity building, ICT and technology development.
According to the report, a feasibility study for the Isaka - Kigali / Keza - Musonagati Railway Project, was done in March 2009 including the Upgrade of the Dar es salaam - Isaka Railway Line and this would ideally serve the Republic of Burundi.
The preliminary field studies on the Dar es Salaam - Isaka line were also undertaken to determine the requirements for converting the existing meter gauge track to an AREMA-based (North American) standard gauge track and offered suggestions.
Kenya is implementing the railway infrastructure as per the EAC Railways Master Plan. The country is constructing the Standard Gauge Railway (SGR) projects for Vision 2030, and these include the Mombasa – Malaba route in phase one while phase two includes the Nairobi - Malaba sector.
The use of local content is pegged at 40% of the Civil Works contract with an amount of KShs 81 Billion spent to facilitate supply of cement, sand, aggregates, transport equipment, earthmovers, hygiene and food items, general purpose steels and timber. Similarly included are small contracts such as drainage works, slopes protection, labour contracts as well as clearing and forwarding.
The report states that in order for SGR not to disrupt the operations of the National Park, a number of mitigations are in place. The SGR according to the report crosses the park on a single line bridge spanning the total width of the Park (6.0 Km) and its average height starts at 8 metres at the entrance into the northern side of the Park and 41 metres at the exit on the southern end of the Park.
In Tanzania, the SGR will traverse the Northern and Tanga development corridor as well as the Southern/Mtwara development corridor.
In Uganda, the report alludes to the fast tracking of the development of Standard Gauge Railway in order to significantly contribute to transforming the country in to a middle- income status. It is envisaged that a total of 1,724Km will be constructed countywide in phases.
As provided for under Article 91 of the Treaty for the establishment of East African Community, the Partner States agreed to establish and maintain co-ordinated railway services that would efficiently connect the Partner states within the Community and, where necessary, to construct additional railway connections.
During debate, Hon. Ole Nkanae Saoli remarked that the modern train system was going to change the rail road sector in the Republic of Kenya. “The plan is ahead of schedule by 4 months and this should see the launch done soon. This is a positive move for the region”, Hon. Ole Nkanae said.
Hon. Susan Nakawuki on her part remarked that ‘good infrastructure was good’ for the region. She however said the cost of transportation was still high therefore hampering the costs of setting up of automotive industry. She further lamented that the SGR should duly be a regional project and not purely undertaken on singular or bilateral basis.
Hon. Mumbi Ngaru called for strategic political leadership at the EAC saying it was necessary for the integration process to thrive.
Hon. Makongoro Nyerere said it was necessary for the transport sector to target both cargo and passengers in order to be sustainable. He hailed the EAC Heads of State for the initiatives taken to enhance the railway. “I congratulate President Uhuru Kenyatta of Kenya and President John Pombe Magufuli for been steadfast in enhancing the rail network”, Hon. Nyerere said.
Hon. Valerie Nyirahabineza said the sub-optimal infrastructure in the region had led to increased cost of doing business and said the completion of the SGR would boost business.
Others who supported the debate were Hon. Bernard Mulengani, Hon. Dr James Ndahiro, Hon. Mike Sebalu, Hon. Taslima Twaha and Hon. Dora Byamukama.
The 2nd Deputy Prime Minister and Minister for EAC Affairs, Rt Hon. Dr Kirunda Kivenjija representing the Chair of the Council of Ministers said complementarity was the way to go as opposed to competition among the Partner States to develop the region.
- ENDS -
For more information, please contact:
Mr 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.
International Women's Day Celebrations at EAC
East African Community Secretariat; Arusha, Tanzania; 09 March 2017:
The East African Community (EAC) women led by Hon. Jesca Eriyo, Deputy Secretary General in charge of Finance and Administration (DSG F&A), yesterday participated in a colorful march to the local market in Arusha; ‘Soko Kuu’ in commemoration of the International Women’s Day (IWD). Other key EAC women representatives among the front-liners of the march included the Director of Social Sectors; Mary Makoffu and the Principal Human Resource Officer; Ruth Simba
The march also brought together a broad spectrum of women stakeholders from various organizations such as women and men in support of women from EAC, Germany International Cooperation Agency (GIZ), the International Labor Organization (ILO), the Arusha Municipal Council, Women’s Organizations, Vision for Youth representatives as well as secondary school students from the International School of Moshi and Arusha Day Secondary School.
The market march orchestrated by the Tanzanian Army Brass Band based in Monduli, Arusha, was organized by EAC and the Arusha Municipal Council in collaboration with GIZ and ILO, in a bid to offer material support aimed at improving the working conditions of the market cleaners who are mostly women.
On arrival at the market, participants engaged in a cleaning exercise of the market’s environs before officially handing over the purchased cleaning equipment to the market’s management. Witnessing this were Council representatives including Acting City Director; Mariam Kimolo and the Ward Councilor; Abdulrasul Tojo.
Speaking briefly at the market, Hon. Jesca Eriyo urged women to work towards taking up leadership positions at the work place, noting that there are very few women worldwide in top positions within the labor force. She also called for men’s support of women not only at the workplace but the society at large and highly commended those present at the event for taking time to participate in the IWD celebrations.
On behalf of the market businesswomen was Mariam Okashi who particularly thanked EAC and GIZ for their generous support in not only providing cleaning equipment but for having a bigger picture in mind: a clean and safe working environment for the market vendors as well, both men and women.
Participants marched back to the EAC headquarters where they gathered for the official IWD celebrations. Gracing this momentous occasion as Guest of Honor was the East African Court of Justice Judge President; His Lordship Hon. Dr. Emmanuel Ugirashebuja.
In her official opening remarks at the event, Hon. Jesca Eriyo highlighted that IWD can be an important catalyst and vehicle for driving greater change for women and moving closer to gender parity bearing in mind, article 5(e) in the EAC Treaty which stipulates gender mainstreaming in all its endeavors and enhancement of the role of women in cultural, social, political, economic and technological development, whereas articles 121 and 122 emphasize the role of women in socio economic development and in Business. She also encouraged men to support women at the workplace by creating a conducive environment for them to thrive and fully unleash their potential.
This year’s IWD campaign theme is Be Bold for Change with a focus on ‘Women in the Changing World of Work, Planet 50-50 in 2030. The theme aims at encouraging effective action for advancing and recognizing women in all aspects of life.
The theme was developed in cognizance that the global understanding of work is changing with significant implications on the day to day lives of women. While in most parts of the world, women have made tremendous progress in building competencies to access decent work, there exists huge inequalities, informality of labor, violence and environmental impacts in other societies.
Also addressing participants at the official opening was the GIZ Deputy Programme Manager; Kirsten Focken, who began by stating that ‘the presence of both men and women at the event was a symbol of unity, support and solidarity to the gender parity and equality campaign which is reinforced by the commemoration of IWD at EAC”.
She particularly emphasized GIZ’s support towards women in small scale cross-border trade adding that this is what triggered the development of the Simplified Guide for Micro and Small Scale Women Cross Border Traders and Service Providers within EAC.
Delivering the keynote address was the ILO Director-East Africa Office; Mary Kawar. She commended EAC for its efforts this year in engaging women at different capacities at the event to consolidate their efforts towards this year’s IWD theme. She also challenged EAC to set labor standards, develop policies and devise programmes promoting decent work for women for them to thrive in the work place within the region, reiterating; “…for women to have equal opportunities, they have to be protected by laws”.
Presiding over the official IWD celebrations was East African Business Council Executive Director; Lilian Awinja, East African Sub-regional Support Initiative (EASSI) Director; Marren Akatsa-Bukachi, who gave a motivational talk at the event and the East African Women in Business Platform (EAWiBP) Coordinator; Nancy Gitonga.
EAWiBP brings together business and professional women from across the EAC region. The Platform is taking proactive steps to increase women’s participation in intra – EAC trade, EAC integration process and economic empowerment. EAWiBP works towards achieving its goals through policy advocacy and by linking business women to skills, information, markets, capital and technical assistance.
The programme also included presentations on opportunities for Women in the EAC-Case Studies of the Incubator for Integration and Development in East Africa women projects.At the closing, the Director of Social Sectors; Mary Makoffu was pleased to give a vote of thanks to all the participants at the event on behalf of EAC and later, together with the Hon. Jesca Eriyo and the ILO and GIZ representatives, officiated the launch of the Simplified Guide for Micro and Small Scale Women Cross Border Traders and Service Providers within the EAC for dissemination.
International Women’s Day is annually held on March 8 to celebrate women’s achievements throughout history and across nations. It is also known as the United Nations (UN) Day for Women’s Rights and International Peace.
- 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.
Media contacts
Mr Florian Mutabazi
Media Coordinator
Tel: +255 (0)27 216 2100,
Ext. 11130
Email:
𝐖𝐡𝐚𝐭’𝐬 𝐫𝐞𝐚𝐥𝐥𝐲 𝐡𝐨𝐥𝐝𝐢𝐧𝐠 𝐫𝐞𝐠𝐢𝐨𝐧𝐚𝐥 𝐭𝐫𝐚𝐝𝐞 𝐛𝐚𝐜𝐤?
— East African Community (@jumuiya) February 18, 2026
🍃 Intra-regional trade has remained stagnant at approximately 15% of total trade, despite EAC frameworks designed to drive it to 30–50% or higher.
The issue is no longer the rules, but… pic.twitter.com/85dE7Kub1e