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.
East African Community Secretariat; Arusha, Tanzania; 17 March 2017: The Republic of South Sudan (RSS) will soon appoint a judge to sit on the bench of the First Instance Division of the Arusha-based East African Court of Justice (EACJ).
EACJ judges are usually appointed by the East African Community Heads of State Summit on the recommendation of Partner States.The RSS Judiciary will also provide office space for the Arusha-based court to establish a sub-registry like is the case in the capital cities of the other EAC Partner States
RSS will later appoint a Judge to the Appellate Division of the EACJ once the relevant law is amended to raise the number of judges from five to six.
These were some of the issues agreed on during discussions between the RSS Chief Justice, Hon. Chan Reec Madut, and an EAC delegation led by the Secretary General, Amb. Liberat Mfumukeko in Juba, South Sudan.
The EAC delegation informed the Chief Justice that all relevant legal instruments will be amended to accommodate the RSS which joined the Community in September last year.
The EACJ is the judicial arm of the Community. The Court’s jurisdiction is limited to the interpretation of the Treaty for the Establishment of the EAC.
At a meeting later with the RSS Presidential Advisor on Economic Affairs, Hon. Aggrey Tisa Sabuni, the EAC delegation was informed that the RSS National Legislative Assembly had elected nine (9) Members of Parliament who would represent the country at the East African Legislative Assembly (EALA).
The nine MPs will join their EALA counterparts from the republics of Burundi, Kenya, Rwanda, Uganda and the United Republic of Tanzania in making laws for the Community.
Hon. Sabuni informed Amb. Mfumukeko that the legislators were drawn from the ruling Sudan People’s Liberation Army and other political parties in the RSS.
At another meeting with the Governor of the Bank of South Sudan, Hon. Othom Ra go Ajak, the delegation disclosed that the implementation of the East African Monetary Union Protocol was well underway.
The EAC Secretariat had drafted two Bills namely the East African Monetary Institute Bill and the East African Statistics Institute Bill. The two bills will be considered by the 35th Ordinary Meeting of the EAC Council of Ministers to be held in Arusha from 30th March to 4th April, 2017.
The East African Monetary Institute is a transitional mechanism to the East African Central Bank which will issue the single currency for the region which is expected to be in place by the year 2024.
The East African Statistics Institute on the other hand is critical for macro-economic convergence and harmonisation as it will provide accurate data and information to guide decision making as the region progresses towards a single currency.
It was noted that the Monetary Union would only function efficiently if the Customs Union and Common Market protocols were fully implemented.
In his remarks, Hon. Ajak informed the EAC delegation that the Bank of South Sudan was already working closely with the other Central Banks of East Africa, adding that the bank will fully participate in EAC activities especially the Sectoral Committee on Finance and Economic Policy.
Amb. Mfumukeko was accompanied by among others EAC Deputy Secretary General (Political Federation), Mr. Charles Njoroge, the Director of Customs, Mr. Kenneth Bagamuhunda, Director of Finance, Mr. Juvenal Ndimurirwo, Defence Liaison Officer (Uganda), Col. James Ruhesi; Ms. Geraldine Umugwaneza, Deputy Registrar at the East African Court of Justice; Mr. Bakaye Lubega, Principal Culture and Sports Officer; Mr. Stephen Agaba, Principal Legal Officer; Dr. James Njagu, Chef de Cabinet to the Secretary General, and; Emmanuel Niyonizigiye, Police Liaison Officer.
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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; 18 February 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 yesterday paid courtesy call on the Judge President of the EACJ.
His Lordship Justice Dr. Emmanuel Ugirashebuja, President of the Court welcomed the Registrar to the East African Court of Justice and wished the best in his new office as the 2nd Registrar of the Mechanism.
The Registrar of the Mechanism expressed his gratitude to visit the EACJ and called upon the Judges and staff of the Court to have access to the records of the MICT for several purposes. His Worship 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").
His Worship also told the meeting that he heads the Registry of the Mechanism, which is responsible for the institution’s administration. That the Registry also assists the Chambers, and the Office of the Prosecutor, in the performance of their responsibilities through the provision of support services.
Mr. Samuel Akorimo, Head of Office MICT Registry Arusha Branch, said that the functions of the Mechanisms include; assistance to national jurisdictions. 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.
Consequently, the number of requests for assistance from courts, prosecutors, and defence lawyers in relation to national investigations and prosecutions has been growing. That the Mechanism responds to requests for assistance from national authorities and others by providing evidence, facilitating the collection of information, and offering other technical support at their request.
He further said that cases referred to national jurisdictions, Pursuant to Article 6(5) of its Statute, the Mechanism is responsible for monitoring cases referred by the ICTR and the ICTY to national courts, with the assistance of international and regional organizations and bodies. That the Mechanism currently monitors five cases referred by the ICTR to national courts.
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 document investigations, 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 States, other law enforcement authorities, international and non-governmental organizations, and the general public.
The archives consist of a range of materials, from photographs and documents to maps and audiovisual recordings. That the archives are the property of the United Nations and the Mechanism Archives and Records Section (“MARS”) preserves them in accordance with the highest international standards.
The Registrar added that also the Mechanism facilitates the tracking and prosecution of remaining fugitives. He said that eight individuals indicted by the ICTR for genocide, crimes against humanity, and war crimes are still at large, three individuals are expected to be tried by the Mechanism, and the cases of the remaining five individuals are expected to be tried in Rwanda. That locating and arresting the remaining ICTR fugitives is a top priority for the Mechanism’s Office of the Prosecutor.
He further said that among other functions of the Mechanism is protection of victims and witnesses, that over 10,000 witnesses, many of whom are also victims, gave evidence before the ICTR and the ICTY. In total, 46 per cent of those witnesses were granted protective measures by the Tribunals. He further said that the Mechanism continues to ensure that witnesses receive protection and support both for ongoing cases before the Mechanism and completed cases from the two Tribunals and the Mechanism.
Registrar also added that supervision of enforcement of sentences is a key function of the Mechanisms. Those persons convicted by the ICTR, the ICTY, and the Mechanism serve their sentences in one of the States that have signed an agreement on the enforcement of sentences. That these sentences are enforced in accordance with international standards on detention and the applicable law of the enforcing State, subject to the supervision of the Mechanism. He also said that the President of the Mechanism is responsible for designating the State of enforcement, supervising the enforcement of sentences, and deciding on requests for pardon, commutation of sentence, or early release.
That the Mechanism also is responsible for conducting the appeals proceedings, review of the judgements pronounced by the tribunals or Mechanism, retrial of the tribunals or mechanism as well as trials for contempt and false testimony.His Worship called on EACJ for the good cooperation and working relations to render justice.
His Lordship, the President of the Court thanked the Registrar of the Mechanism and his team for sparing their time to visit the Court and he pledged continuous working relations between the Court and the Mechanism. The President was accompanied by the Two Judges of the Appellate Justice Liboire Nkurunziza, Vice President and Justice Edward Rutakangwa, who are in Arusha for the sessions as well as the Deputy Registrar, Her Worship Geraldine Umugwaneza and other Staff of the 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 Court of Justice; Arusha, Tanzania; 08 February 2017:
The Chief Justice and President of the Supreme Court of the Republic of Kenya yesterday visited the Court to study the operation of the Case Management and Recording System (CMRS). His Lordship, Justice David Maraga appreciated the invitation by the EACJ President Justice Emmanuel Ugirashebuja to visit the Court and especially to learn and know how the Regional Court is becoming a digital and paperless Court.
Chief Justice Maraga commended the technology advancement of the EACJ which he observed will increase the efficiency in the judiciary thus rendering justice timely and reducing the backlog of cases. He noted that the Judiciary of Kenya have been trying to introduce the same but has not yet reached to the level required and that with experience from EACJ, they will be able to introduce the similar system too.
His Lordship, the EACJ President, Hon. Justice Ugirashebuja welcomed the Chief Justice and expressed gratitude to him for accepting his invitation to visit the Regional premises in Arusha . He also commended him for being the first Chief Justice in the Region to visit the Court.
His Lordship Justice Geoffrey Kiryabwire, Judge of the Appellate Division who heads the EACJ Information Technology Committee, presented a rich and detailed paper on the establishment and operations of the case management and recording system at the EACJ as well as in his National Court that is the Court of Appeal of the Republic of Uganda where he also serves as a Judge.
Justice Kiryabwire thanked the Chief Justice for having thought about benchmarking with the EACJ on how CMRS works. He also explained the importance of CMRS as an enabler for an efficient and faster running the Court businesses. Justice Kiryabwire said that the case management and recording system through electronic filing system addresses the common mistakes of litigants files going missing in the Registries, hence promotes transparency and safety record keeping. He also added that the system supports recording and transcription of proceedings which have replaced handwritten practices that are time consuming and increases paper work.
His Lordship further stated that, the system improves good public perception of the Court and is cost effective because it cuts costs of transporting pleadings from Partner States. That, it is a user friendly system and easy to understand and navigate. Justice Kiryabwire further recommended that, CMRS requires training of the stakeholders and continuous practice until they are used to it. He also pointed that, for any ICT system in a judiciary to be effective, it needs the following; a vision bearer/ good leadership, attitude change from analog to digital thinking, investment cost, functional / motivated ICT department and staff, working with the Bar and incorporation of the use of ICT in Rules of procedure/ ICT Policy.
In his conclusion Justice Kiryabwire said that, in EACJ the system is not yet open to the Lawyers as modalities are still being put in place for this. Electronic filing can however be done at the Court Sub-registries in the Member States.
The Chief was accompanied by Hon. Justice Stephen Kairu of the Court of Appeal of Kenya and other senior officials from the Judiciary, while the EACJ President with the Judges of the Appellate Division, Registrar of the Court Hon. Yufnalis Okubo and other staff of the Court.
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Notes to Editor:
Case management System
The case management system developed as an engine to facilitate the court’s procedures and processes. The system currently can perform the processes of the court from first to last stage as expected. Custom built in alignment to the court’s rules of procedure, the system runs just as the traditional processes would. It documents, records and audits each stage of the case in the Court. Developed with the capability of e-filing, this system in the future will give stakeholders capabilities to interact with the court system and file cases at their desks from any location.
Court Recording System
Provided by Jefferson’s Audio and Visio systems (JAVS), and responsible for video and audio court recording, JAVS has fitted the court with both a software and hardware outfit that makes it possible for the court to record its sessions as they proceed and also give the capabilities to live stream sessions as they are going on. This system also built in integration with the case management system to have the cases synchronized with their respective MPEG sessions for reference reasons. This marriage between these systems propels the court to a world class court pushing the boundaries the court to a world class technological platform.
The system was launched by the EAC Heads of State on 30th April 2014 at the Extra-Ordinary Summit of the East African Community in Arusha, Tanzania.
For more information, please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: 255-27-2162149 Email: Okubo [at] eachq.org www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
East African Court of Justice; Arusha, Tanzania; 06 February 2017:
The First Instance Division on Friday last week delivered a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community.
The Court in its judgement declined to grant the orders to reinstate Hon. Margaret Nantongo Zziwa to the position of the Speaker of the East African Legislative Assembly (EALA).
The Court said that, its mandate is to interpret and apply the Treaty as it is stated under Article 23 and 27 of the Treaty for the establishment of the EAC within the Principles set out in Articles 6, 7 and 8 of the Treaty. Further that one of the principles in Article 6 (d) which is that of democracy and rule of law, which necessarily include the principle of separation of powers and therefore it cannot be seen directing EALA on how it should conduct its business hence it was unable to grant the order.
Also the Court declined to grant orders on special and general damages to the Applicant, it found out that the Applicant have contravened Rule 9(6) of the Assembly’s Rules of Procedure, which action might have triggered other actions, some patently unlawful. Still that she (Hon. Zziwa) cannot then be seen to benefit from her role in the procedural impasse that dogged the Assembly. Rule 9(6) states that; “The Speaker in respect of whom proceedings for removal have commenced shall not preside over the proceeding”
The Court added that given the interpretative jurisdiction of the Court as depicted in Article 23 and 27 of the Treaty. That it found no legal provision in this Court’s Rules of Procedure for the award of damages as a remedy. The Applicant had asked Court an award of special damages in form of loss of earnings of a salary of USD 6,700 per month and housing allowance of USD 3,000 per month, plus other allowances and financial benefits.
The Court further declined to grant an award of costs in the matter, that the Applicant’s flout of Rule 9(6) of the Assembly by presiding a matter in her own cause and that her conduct as the steward of the Assembly, could have triggered the unfortunate series of the events of her removal. Court ordered each party to bear its own costs.
However, on the other hand the Court also declared that the sitting of the Assembly on 26th November 2014 presided over by a temporary Speaker, an entity and office unknown to the Treaty and the Rules of Procedure of the Assembly was unlawful and violated Article 56 of the Treaty. Article 56 states that; “Presiding in the Assembly; a) the Speaker of the Assembly; or b) in the absence of the Speaker of the Assembly, such elected member of the Assembly as the elected members may elect for the sitting”
In addition to the above, the Court also found that the Committee on Legal Rules and Privileges, in allowing Members of the Assembly who initiated the motion for removal of the Applicant to sit and determine whether she should in fact be removed, violated the basic rules of natural Justice that an accuser cannot also be the judge in proceedings against the accused. Further that any real or perceived bias on the part of the Committee invalidated its proceedings. The Court added that having made the findings regarding the composition of the Committee and its proceedings, it follows that its report, whatever the merit thereof, was rendered invalid.
The judgement was delivered by the Honourable Judges of the First Instance Division, these include; Hon Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
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For more information, please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: 255-27-2162149 Email: This email address is being protected from spambots. You need JavaScript enabled to view it. www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
