East African Court of Justice, 1st July, 2021: The First Instance Division struck out an application seeking orders against the government of Uganda, East African Community Secretary General and the Lake Victoria Basin Commission (LVBC) to avail documents to support the applicant’s case.
The court in its ruling struck out the application because the petitioners included the Attorneys General of Kenya and Tanzania who were not parties to the case. The court ruled that the petitioners were at liberty to amend their case by excluding the wrong parties they had included.
The case that was filed by Isaac E. N. Okero and Others is challenging the Government of Uganda, the EAC Secretary General and LBVC over alleged violations of the Treaty by abdicating their responsibilities of proper management of the outflow of waters from Lake victoria and failing to adhere to a policy for the release of water into River Nile from the lake.
The petitioners further allege that the anticipated long rains in East Africa had caused an increase of water levels along the lake’s shorelines and the backflow of some rivers terminating in the lake thereby causing extensive flooding which is an infringement of the fundamental principles of the Community.
During its second session, the court heard an application seeking for interim orders to prohibit the government of Burundi from implementing the decision delivered by the Special Court of Burundi to demolish the houses and crops of the applicants pending hearing and determination of the case.
The petitioners’ lawyer, Mr. Nsabimana Janvier, said that the destruction of the properties had caused irreparable damage that could not be compensated and that the government must ensure respect for good governance as enshrined under the Treaty.
The Government of Burundi (Respondent) represented by Counsel Vyizigiro objected to the prayers by the applicant and submitted that the application was time barred arguing that it was filed after the two (2) months limit as prescribed by the Treaty.
Counsel Vyizigiro argued that the decision of the Special Court was rendered on 28th August, 2019 while the case was filed on 29th January, 2020. Counsel Vyizigiro also said that the applicant based his application on non-existent acts as alleged. The defence counsel contended that after the said decision was delivered, the Minister of Justice of Burundi issued a letter stopping the court from executing the impugned decision. He therefore asked court to dismiss the application with costs.
The court will deliver its ruling on the matter in due course. The matters were brought before Honourable Judges of the First Instance Division Justice Yohane Masara (Principal Judge), Justice Audace Ngiye, Justice Dr. Charles Nyawello, Justice Charles Nyachae, Justice Richard Wabwire Wejuli and Justice Richard Muhumuza.
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.
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 Headquarters, Arusha, Tanzania, 30th June, 2021: The EAC Sectoral Council on Transport Communications and Meteorology (TCM) has directed the United Republic of Tanzania to adhere to the set date of 30th September, 2021 on the implementation of the EAC Roaming Framework.
The TCM which met in Dar es Salaam, Tanzania further directed the Republic of Burundi to expedite the implementation of the EAC Roaming Framework.
East African Court of Justice, Arusha, Tanzania, 30th June, 2021: The Chairperson of the EAC Coordination Committee, Dr. Kevit Desai, who is also the Principal Secretary in the Ministry of East African Community, Kenya paid a courtesy call on the Judge President of the East African Court of Justice, Justice Nestor Kayobera, to understand the operations of the court and how it could be assisted to execute its mandate more effectively.
Justice Kayobera hailed the PS and his delegation for the historic visit and informed them that it is a good sign of strengthening the relationship of the court with the other Organs of the Community.
East African Community Headquarters, Arusha, Tanzania, 28th June, 2021: The East African Community has tabled before the East African Legislative Assembly the budget estimates for the 2021/2022 Financial Year totalling US$91,784,296.
The Chairperson of the Council of Ministers and Kenya’s Minister for EAC, Hon. Adan Mohamed, in the Budget Speech read on his behalf by Chief Administrative Secretary, Hon. Ken Obura, said that the 2021/2022 budget was coming at a time the COVID-19 pandemic had ravaged economies through lockdowns and economic shutdowns that had affected economic performance in the entire region negatively.
East African Community Headquarters, Arusha, Tanzania, 26th June, 2021: The 14th Meeting of the Sectoral Council on Agriculture and Food Security (SCAFS) came to a close in Arusha, Tanzania on 25th June, 2021.
Chairing the Ministerial Session, Chief Administrative Secretary, Ministry of Agriculture, Livestock, Fisheries and Cooperatives, Republic of Kenya, Mr. Lawrence Angolo Omuhaka, noted the urgent need for the region to implement harmonized policies and to operationalize regional instruments in order to guarantee sustainable agricultural production, trade in commodities and to attain sustainable regional food and nutrition security.
East African Community Headquarters, Arusha, Tanzania, 26th June, 2021: The President of the Democratic Republic of Congo, His Excellency Felix Tshishekedi, on Friday evening officiated over the launch of the East African Community Verification Mission to the vast Central African country.
EAC Secretary General Hon. Dr. Peter Mathuki launched the mission in the presence of President Tshishekedi in the eastern DRC town of Goma. Hon. Dr. Mathuki presented the EAC flag to the DRC Head of State to mark the unveiling of the mission.
East African Court of Justice, 23rd June, 2021:The First Instance Division heard an application seeking for interim orders restraining the Government of the Republic of Uganda from conducting or reviving all geological activities and evicting people of Kibiro-Hoima District and the Kingdom of Bunyoro-Kitara from their ancestral salt manufacturing lands or enacting any policy and legislation in that regard, until hearing and disposal of the main case (Reference No. 16 of 2020).
The applicant alleges that geological activities (including for geothermal energy and electricity), mining and exploration are being carried out in that area, which is the site of the Kibiro Ancient Salt Manufacturing Works that are on the Tentative List of UNESCO World Heritage Sites.
East African Community Headquarters, Arusha, Tanzania, 22nd June, 2021: The President of the Democratic Republic of Congo, H.E. Felix Tshishekedi, will on Thursday this week launch the East African Community’s verification mission to the country in the eastern Congolese town of Goma.
A high level mission comprising EAC Secretary General Hon. Dr. Peter Mathuki and officials from EAC Organs and Partner States Ministries of EAC will witness the launch by the Congolese Head of State.
East African Community Secretariat; Arusha, Tanzania; 22nd June, 2021: The 14th meeting of the EAC Sectoral Council of MinisterS on Agriculture and Food Security is currenly ongoing at the EAC Headquarters in Arusha, Tanzania and through hybrid means.
The five-day meeting kicked off with the Session of Senior Officials on Monday, 21st June, 2021 and will run up to 23rd June, 2021 followed by the Coordination Committee Session which comprises Permanent/Principal Secretaries of Agriculture from the EAC Partner States on Thursday, 24th June, 2021. The Session of Ministers/Cabinet Secretaries has been scheduled for Friday, 25th June, 2021.
East African Community Headquarters, Arusha, Tanzania, 22nd June, 2021: The 17th Meeting of the East African Community Sectoral Council on Transport, Communication and Meteorology (TCM) is currently underway in Dar es Salaam, Tanzania.
The five-day meeting started with the Session of Senior Officials which runs from Monday, 21st to 23rd June, 2021 followed by the Sectoral Coordination Committee that brings together Permanent/Principal and Under Secretaries on Thursday, 24th June, 2021. The Sectoral Council bringing together the Ministers/Cabinet Secretaries will be held on Friday, 25th June, 2021.
