Posted in Press Release
Kenya’s “King” David Rudisha, 800 metres ace, Javelin champion, Julius “ Mr You Tube Man” Yego and his compatriots as well as Burundi’s 800 metres women’s track star, Francine Niyonsaba, were feted in the regional Assembly for their exemplary performance at the recently ended Olympic Games in Rio de Janeiro, Brazil.
Late yesterday, EALA passed a Resolution as it adjourned its Sitting sine die, congratulating African and especially, East African Medal Winners in the Olympic games in Rio de Janeiro, Brazil in August 2016.
The motion for the Resolution was presented to the House by Hon Chis Opoka on behalf of the mover, Hon Saoli Ole Nkanae.
According to the mover, several gallant sons and daughters of Africa participated in the Olympics bringing honour and pride to the continent: They include Van Niekerk-400 Metres (South Africa), Boniface Mucheru -400 Metres (Kenya), Caster Semenya-800 Metres -Women (South Africa), Francine Niyonsaba – 800 Metres Women (Burundi), David Rudisha- 800 Metres Kenya), Faith Kipiyego– 1500 Metres Women (Kenya), Dibaba- 1500 Metres, Women (Ethiopia), Conseslus Kipruto-3000 Men (Kenya), Taofiq Makhloufu- 1500 Metres Men (Algeria), Vivian Cheruiyiot – 5000 Metres Women (Kenya), Jemima Sumgong- Marathon/Women (Kenya), Eliud Kipchoge – Marathon/Men (Kenya), and Feyisa Lilesa – Marathon /Men (Ethiopia).
However, the Resolution specifically lauds the East African athletes including, Faith Kipiyego who bagged gold in the 1500 Metres, women, Conseslus Kipruto, another Gold winner in 3000 Metres, and Vivian Cheruiyot, who also won the coveted medal in 5000 Metres, Women. Others are Marathon gold winner for Women, Jemima Sumgong, Eliud Kipchoge, gold (Marathon/Men) and Boniface Mucheru who won silver in the 400Metres, final).
Hon Joseph Kiangoi said the accolades brought to fore the fact that Africa is a continent of achievers.
“The continent’s talent is now been recognised, Mr Speaker,” he said, adding that western nations and other countries continued to lure African sports men and women to consider becoming their nationals.
He called for the need of development of high quality training grounds in high attitude areas to ensure east Africans are well trained. “We also need sports academies in place,” the legislator said.
The MP paid special tribute to the late Isaiah Kiplagat, President of Athletics Kenya. “He made sports and specifically athletics in Kenya what it is today”, Hon Kiangoi added. The late Kiplagat who died on February 24th August, 2016, is to be interred in Kapsaret on Friday, September 2, 2016.
Hon Emerence Bucumi said the region was proud to see athletes from the region’s soil win the various disciplines. Hon Bucumi alluded to Article 119 of the Treaty for the Establishment of the EAC on the promotion of culture and sports and urged the Secretariat to put in place a mechanism to support development of sports.
Hon Dora Byamukama called for promotion of women in sports. “It is unfortunate that as they come of child bearing age, the sports women fizzle out”, Hon Byamukama said.
She appealed for stakeholder support for the budding sportspersons. “Let us also provide sports scholarships for those who excel in sports” she said.
Hon AbuBakr Ogle said the performance of Kenyan athletes was consistent but added that the talent was abundant in the entire region.
Also rising in support of the Motion was Hon Chris Opoka, Hon Peter Mathuki, Hon Frederic Ngenzebuhoro.
EALA is cognisant of the fact that Partner States take a strong stand on enhancing the identification and development of diverse sports talent, promotion of patriotism, citizens’ wellbeing and productivity.
At the Rio games held in Brazil in August 2016, the Republic of Kenya emerged 2nd overall in the sporting discipline with 13 medals (6 gold, 6 silver and 1 bronze) while South Africa was 5th with 4 medals (2 gold and 2 silver). Ethiopia was 9th with 8 medals (1 gold, 2 silver and 5 bronze), Algeria 21st with 2 medals (2 silver). Republic of Burundi was the 24th with 1 silver medal in the Games.
Posted in Press Release
The East African Court of Justice First Instance Division will resume its sessions next week on 6th – 28th September 2016. The Court has fifteen (15) matters coming before it and these are four (4) Scheduling conferences, four (4) Applications, three (3) hearings, two (2) Judgments, and two (2) rulings all in open court.
Among the cases that will come before the Court include; a case that was filed by Mr. Steven Deniss from The United Republic of Tanzania against the Attorneys General of the Republics of Burundi, Kenya, Rwanda, Uganda, United Republic of Tanzania and the Secretary General of the East African Community. The case which was filed on 10th July 2015 in the First Instance Division complains that the provisions of Article 30 (2) of the Treaty for the Establishment of the East African Community, about the two (2) months limitation period for filing a matter before the regional court as specified under that Article 30(2) of the Treaty, that it is not only very restrictive but also unjust and discriminatory.
The Applicant further complains that the Provision does not provide ample time for obtaining legal assistance, conducting legal research, documentation of the evidence and securing witnesses expected of a reference before the East African Court of Justice hence has denied him just like other citizens of the Partner States access to justice which is contrary to the fundamental and operational principles of the Treaty as set out in Articles 6(d) and 7(1) (a). He also alleges that the process by which Article 30 (2) of the Treaty was introduced is illegal and that the 6th Respondent had failed in its duty to advice the Partner States to rectify it and equally the 1st to 5th Respondents have failed to cure the illegality in their responsibility to ensure that the objectives of the Treaty are achieved. The hearing is on 19th September 2016.
Another case that is coming up for judgement was filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, Commission Electorale Nationale Independete (CENI) and the Secretary General of the East African Community. The Applicant alleges that the Decision of the Constitutional Court of the Republic of Burundi violated the letter and spirit of the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (the Arusha Accord) which was promulgated into domestic law by the Parliament of the Republic of Burundi, in particular Article 7(3) of Protocol 11 to the Arusha Accord which provides that the President of the Republic of Burundi shall be elected for a term of 5 years, renewable only once and that no one may serve more than two (2) presidential terms and the Constitution of Burundi which states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable one time.
The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Burundi Constitution, the decision of the Constitutional Court of the Republic of Burundi equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty establishing the EAC. He also claims that the decision of the CNDD-FDD political party to nominate or put forward President Pierre Nkurunzinza as a candidate for the election to the Office of the President of the Republic of Burundi in 2015 violated the Arusha Accord aforementioned and is unlawful.
The Applicant also alleges that the Commission Electorale Nationale Independete (CENI) had failed to ensure compliance with the provisions of the EAC Treaty. The matter came up for hearing before the First Instance Division on 13th June, 2016 and court fixed the judgement on 29th September, 2016.
Also on 14th September the Court will hear three Applications in cases filed by three members of Staff of the East African Community Early Warning Unit, accusing the Secretary General for the allegedly giving them notice of termination of their employment contracts. They are asking the court to grant an injunction restraining the Secretary General from effecting his decision the hearing and determination of the main cases.
The subject matter, the Applicants say that, on 17th June 2016, the Secretary General acted beyond his mandate in deciding to terminate the Claimants’ contracts by serving them notices of termination of service, in breach of the Council of EAC Ministers decisions at its 16th , 18th , 19th meeting and 31st Extra-Ordinary meeting, Regulation 96 of Staff Rules and Regulations 2006, the provisions of the Claimant employment contract, the official communications from the European Union (EU) and African Union (AU), the Agreements between EU and AU and Regional Economic Communities (RECs) including EAC. The Applicants still said that on 7th July 2016, received from EAC Registry a notice of three (3) months to terminate their employment contract effective from 20th June 2016 signed by the EAC Secretary General. That by that letter, the Claimants were informed that EAC has no funds to support the APSA African Union Peace and Architecture Support project staff and that for that reason, the Secretary General requested the Claimants to handover all activities under them to Deputy Secretary General in charge of Political Federation.
The Claimants further said that the motif given to justify the decision of termination of staff service is not in the Treaty, neither in the staff rules and regulation nor in the employment contract of the claimants. The claimants added that instead the Treaty under Article 4(2) gives powers to the Secretary General to do all things including borrowing to keep the functions of the Community running.
The Claimants further contend that the Secretary General did not provide any evidence that the APSA support program has ended, instead the Regional Economic Community (RECs) EAC included received Communication from European Union (EU) and African Union (AU) informing it that funds were in the process of being disbursed to support program three (3) and requesting that the staff under APSA support program should be retained to ensure that the capacities that have been developed over the years by the program be sustained. In addition, that the EU and AU have informed that the new APSA support program will run from January 2016 to December 31st 2018 and that the budget allocation has been approved for AU and other RECs, EAC allocation at Euros 2,850,000.
These Applicants/Claimants are Benoit Bihamiriza from the Republic of Burundi, Didacus Kaguta from the Republic of Uganda and Patrice Mulama from the Republic of Rwanda. The Applicants filed their cases on the 15th July, 10th and 12th August 2016 respectively. Benoit Bihamiriza is a Conflict Early Warning Experts Didacus Kaguta is a Peace and Security Officer, and Patrice Mulama is a Senior Analyst Officer – Early Warning
The First Instance Division bench is composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo, Justice Fakihi A . Jundu, and Justice Audace Ngiye
All matters will be in open Court 2nd Floor EACJ wing, EAC Headquarters, Arusha, Tanzania.