Press Release

Justice Fakihi Jundu consulting the Principal Judge, Lady Justice Monica Mugenyi in court

Court strikes out an Application seeking court to hear a case challenging the Union of Tanzania, in Zanzibar

East African Court of Justice Arusha, 8th March 2018:

The First Instance Division of the East African Court of Justice (EACJ) today struck out an Application filed by one Rashid Salum Adiy and 39,999 others Zanzibar Citizens versus the Revolutionary Government of Zanzibar, Chief Secretary of Revolutionary Council of Zanzibar and United Republic of Tanzania others.

The Application was seeking the EACJ to allow the case challenging the legality of the Union of Tanzania, to be heard in Zanzibar. This meant that the EACJ would shift its base from its headquarters in Arusha to Zanzibar for the hearing of the case.

Rashid Salum Adiy and 39,999 others Zanzibari Citizens had earlier filed the case before the First Instance Division challenging the Union of Zanzibar with the mainland under the United Republic of Tanzania. The Respondents to the case were the Revolutionary Government of Zanzibar, the Chief Secretary Revolutionary Council of Zanzibar, the United Republic of Tanzania.

The Court in its ruling read by the Principal Judge, Justice Monica Mugenyi, said that, “We have carefully listened to both parties, we are concerned by the lacklustre and unprofessional manner in which the Applicants have approached so serious the matter.”

Further the Court said that, the Applicants purported to file a notice of appointment of an agent while knowing that it was premised on unregistered and therefore defective Power of Attorney.

“We find this not to be only the waste of the Court’s time and occasioning undue delay of the hearing of the matter, but also find it to be abuse of the Court’s process,” said Justice Mugenyi, for the bench. The Court therefore ruled that under Rule 47 (1) (a) and (c) of the Court Rules of Procedure, it had dismissed the application with no costs.

Before the ruling, there were arguments by the Representatives of the Attorney General of Zanzibar and URT, submitting that the Applicants have shown lack of seriousness in this important case which is of a public interest and that it shows disrespect of the Court and waste of its time.

Mr. Rashid Salum Adiy (Applicant) who appeared in person with other few Applicants in court had earlier filed with the Court a notice of appointment of an Agent which Court rejected because it was not supported by the valid Power of Attorney. The Applicant also attempted to use Swahili language in Court which court interpreted as against Article 46 of the Treaty which provides for English as the official language of the Community.

The other Applicants present in Court were Suleyman Mustafa, Khamis Hassan Hamad with the Purported Agent by the name Japhet Chidzipha Chigumba. While the representatives of the Respondents were  Mzee Ali Haji, Deputy Attorney General of the Revolutionary Government of Zanzibar, Alesia A. Mbuya Principal State Attorney & Asst. Director Attorney General and Constitutional Affairs, Mark Mwambo, Principal State Attorney and others.

All appeared before Hon. Justices: Monica Mugenyi (Principal Judge), Fakihi Jundu and Dr Charles Oyo Nyawello all of the First Instance Division.

Notice for Editors:

Rule 47 (1) (a) and (c) provides that;

  1. (1) The Court may, on application of any party, strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document—

 (a)   may prejudice or delay the fair trial of the case; or

(C) is an abuse of the process of the Court.

- ENDS -

For more information, please contact:

Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org

About the East African Court of Justice:

The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.

Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.

EAC Secretary General concludes Working Visit to Kenya

East African Community Headquarters, Arusha, 8th March, 2018: 

The Secretary General of the East African Community (EAC) Amb. Liberat Mfumukeko  concluded a one-day working  visit  to the Republic of Kenya yesterday 7th March, 2018.

During the visit, the Secretary-General met and held talks with the newly appointed EAC and Northern Corridor Cabinet Secretary, Mr Peter Munya at the Ministry's Head Office, the Cooperative Bank Building, Haile Selassie Avenue.

The objective of the visit was to brief the newly appointed EAC and Northern Corridor Cabinet Secretary, Mr Peter Munya on the status of the EAC integration process, the key issues around the Northern Corridor infrastructural projects and other useful insights into the integration process.

 Amb. Mfumukeko and his host discussed in details on the key issues of  integration, including reform efforts at the Secretariat, and key achievements so far realized along the integration journey.

The two officials also discussed the  progress so far made under the EAC Common Market, especially cross border movement and trade; regional infrastructural development , updates on implementation of the Customs Union and Monetary Union Protocols as well as the planned official launching of the Namanga One Stop Boarder Post on 20th April, 2018.

The Cabinet Secretary commended the good organization of the just ended EAC Summit of the Heads of States and the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development, the work done by EAC to increase support by development partners to the EAC  as well as the efforts to reduce operation cost at the EAC Secretariat

The Secretary General was accompanied by his  Deputies Eng Steven Mlote in charge of Planning and Infrastructure,  and Mr. Charles Njoroge, in charge of Political Federation.

-ENDS-

For more information, please contact:

Mr Owora Richard Othieno
Head, Corporate Communications and Public Affairs Department
EAC Secretariat
Arusha, Tanzania
Tel: +255 784 835021
Email: OOthieno [at] eachq.org

About the East African Community Secretariat:

The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania. 

The EAC Secretariat is ISO 9001:2008 Certified

Hon Mukasa Mbidde sought and received leave today to represent it (EALA) at the EACJ in the Reference case No 2

Assembly Holds Special Sitting, Resolves to Use Records for Pending Case at EACJ

East African Legislative Assembly, Arusha, March 7, 2018:

The East African Legislative Assembly has passed a resolution granting leave to Hon. Fred Mukasa Mbidde and any other Member of the Assembly who may want to intervene, and/or appoint lawyers to represent it in the case Reference No. 02 of 2018 in the East African Court of Justice (EACJ). In the same vein, the Assembly further agreed that Hon Mbidde makes use its records at the Court for the Reference which is challenging the election of the Speaker.

The motion moved by Hon Mbidde himself, received support as the House convened this morning. Reference No. 02 of 2018 filed by the Attorney General of the Republic of Burundi versus the Secretary General of the Community is challenging the election of the Speaker done in December 2017.

Hon Mbidde stated in his Motion that EALA duly met from 15th - 23rd December 2017 to perform its inaugural activities in line with the provisions of the Rules of Procedure of the Assembly, specifically Rules 4, 5, and 6 that concern the notification of the First Sitting of a new Assembly (Rule 4), List of Members and Administration of Oath (Rule 5) and Election of Speaker (Rule 6).

The Assembly was further told the matters raised in the Reference before Court touch on the sanctity of the Assembly within its jurisdiction and therefore it should be well represented in Court, the absence of which may lead to misrepresentation of the Assembly.

The legislator sought permission from the Assembly as is stipulated in the Act and attendant EALA Rules of Procedure. Article 40 of the Treaty and Section 20(1) of the Assembly Powers and Privileges Act 2003 states thus:

“Notwithstanding the provisions of any other law, no Member or Officer of the Assembly and no person employed to take minutes or record evidence before the Assembly or any Committee shall, except as provided in this Act, give evidence else-where in respect of the contents of such minutes or evidence or of the contents of any document laid before the Assembly or such a Committee, as the case may be, or in respect of any proceedings or examinations held before the Assembly or such a Committee, as the case may be without the special leave of the Assembly first had and obtained in writing”;

The Rules of Procedure of the Assembly, (Rule 23) further stipulate the manner and processes through which Journals and Records of the House, including all papers and accounts presented to or belonging to the House, are kept, processed or transmitted only under the express leave of the House, or order of the Speaker.

Several Members rose in support of the Resolution before it was put to a vote. Hon George Odongo reminded the Members that EAC citizens are expecting a lot from the legislators and urged the House to move on with haste.

Hon Fatuma Ibrahim remarked that the House had elected its Speaker and therefore supported the Motion to grant the mover of the Resolution leave to defend the Assembly in the Reference. Others who rose in support were Hon Kasamba Mathias, Hon Dennis Namara who said it was necessary to support the Motion in line with the decision (election of Speaker) in December 2017.

Hon. Rose Akol, called for clarity with respect to who will represent EALA to avoid situation of misrepresentation of facts while Hon. Simon Mbugua urged Members to continue with the House business before it in its quest to be advocates of integration.

Hon. Mary Mugyeni also supported the motion. Prior to the motion by Hon Mbidde, the Assembly moved a motion under Rule 30(d) and the corresponding Rule 84(1) on suspension of a rule and in this particular case that on Rule 12 on quorum of the House.  The motion was moved by Hon Chris Opoka and seconded by many Members including Hon Susan Nakawuki, Hon Abdikadir Aden, Hon Fatuma Ibrahim among others. Only two Members from the Burundi Chapter, Hon Sophie Nsavyimana and Hon Christopher Nduwayo were in the House then.

Yesterday, the First Instance Division of the EACJ convened and struck out the Application No 3 of 2018, arising from Reference No 2 of 2018, filed by the Attorney General, Republic of Burundi, seeking Court’s order to stay recognition of the Speaker of the East African Legislative Assembly (EALA). A media release dispatched by the EACJ stated a three Judge Bench (Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), and Justice Fakihi A Jundu) in their Ruling, reiterated that the Application had since been overtaken by events and that the real dispute would be conversed in the substantive Reference.

According to the media dispatch, the Court added that though Counsel for the Applicant (Burundi) did understand that an order for non-recognition of the Speaker entails suspension of the Assembly, that it was neither argued that/ nor the Assembly was an issue in the matter, that it is the view of the Court that the Office of the Speaker is the issue in the Application and that the holder thereof has since duly commenced his functions.

The Court therefore struck out the Application and ordered that the Reference (main case) challenging the entire elections process of Speaker of the Assembly be heard expeditiously”, the statement from the EACJ, said in part.

Meanwhile, the House resumes on March 13th, 2018 with Committee Sittings resuming tomorrow, through to Monday, March 1th, 2018, in the interim.

-ENDS-

 For more information, please contact:

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 is the Legislative Organ of the East African Community. Its Membership consists of a total of 62, of whom 54 are elected Members (9 from each Partner State) and eight ex-officio members (the Ministers responsible for EAC Affairs from the Partner States, the Secretary General of the Community and the Counsel to the Community).

The East African Legislative Assembly has legislative functions as well as oversight of all East African Community matters. The enactment of legislation of the Community is effected by means of Bills passed by the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and assented to become an Act of the Community and takes precedent over similar legislations in the Partner States. EALA has to date passed 79 pieces of legislation.

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