East African Court of Justice, Arusha, 6th June, 2018:
As the Court resumed its sessions this week, the First Instance Division on Tuesday, 5th June, 2018 allowed the Applicant, Mr. Hassan Basajjabalaba & Bassajabalaba Muzamiru (Ugandans), to amend their Application seeking Court to stop the government of Uganda from summoning them for investigation over a criminal case. The Applicants represented by their advocates in court made the request under Rule 48(a) of the Court Rules to amend their Application.
The Court on 24th April, 2018 had declined to grant ex parte orders (Order granted in the absence of the opposing party) saying that the orders issued by the Constitutional Court of Uganda were broad enough to cover the Applicant’s complains before it at the ex-parte stage and that it’s the enforcement of the said orders that the Applicants should pursue in the interim, rather than seek a re-issuing of the same orders by the EACJ without hearing the Respondent. “We say so guardedly and without in any way making a determinate finding on the merits of the Applicants’ case at the inter-partes stage (all parties in the case) hearing the Respondent” said the Court.
On 8th May 2013, the Applicants had obtained orders in Petition No.12 of 2013 at the Constitutional Court in Uganda, in which the Respondent (Government of Uganda) was prohibited from using the processes of any court, so as to initiate and prosecute the Applicants for any charges arising out of or in connection with the issues forming the subject matter of the criminal case mentioned earlier. The Constitutional Court also ordered that all pending charges and proceedings against the Applicant in the same criminal case No. 3 of 2013 be stayed.
The Application before EACJ was triggered by a letter dated 9th April 2018, requiring the Applicants to appear before the CID at Kibuli on 24th April 2018, to provide further information in the matter under investigation and facilitate the ongoing preparations for the hearing of the criminal case against them.
The Applicants were seeking ex-parte restraining orders directed at the Respondent (The Republic of Uganda) and its agencies, specifically the Uganda Police and any other security agency or department of the government of Uganda. The Applicant sought the following Court orders: That the summons issued on 9th April 2018, requiring the attendance of the Applicant before the Criminal Investigation Department (CID) to be interrogated or questioned in relation to criminal case No. 3 of 2018, in which the Applicants are accused persons, should not be implemented until the hearing of their Reference pending before this Court; other orders sought are in respect of restraining orders to stop the arrest of the Applicant they are being charged in any court and the reconstitution of any bench of the Constitutional Court of Uganda to re-fix for hearing de-novo (hearing the matter afresh) of the petition No. 3 of 2013, pending delivery of judgment by that Court.
The Applicants’ Lawyer said that after this Court (EACJ) issued the ruling on 24th April 2018, the Constitutional Court also delivered its long pending Judgment in favor of the Respondent (government of Uganda) hence the reason that has led to the amendment of the Application in order to address that Judgment by the Constitutional Court. Counsel for the Respondent did not oppose the application for amendment but requested to be given times to file their response because they had just been served with the amended Notice of Motion.
The Court (First Instance Division) therefore granted the parties a period of one month to file and serve their Affidavits and submissions in the Court Registry by (2nd July 2018) in order for the matter to be scheduled for hearing in the next session.
Counsels for the Applicant appearing were Mr Caleb Alaka & Mr Joseph Kyazze for the Applicants and for the Respondent were Ms Patricia Mutesi and Charity Nabaasa and Arinaitwe Goretti. The matter came up for hearing before Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Fakihi A .Jundu. Dr Faustin Ntezilyayo and Dr Charles Oyo Nyawello.
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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 Legislative Assembly, Arusha, Tanzania: 4 June, 2018:
The EAC has presented for consideration Budget estimates for the Financial Year 2018/2019, totaling $99,770,716 to the East African Legislative Assembly Sitting. The Chairperson of the EAC Council of Ministers, and Second Deputy Prime Minister, Republic of Uganda, Rt Hon Dr Ali Kirunda Kivenjija, presented the Budget Speech to an attentive House.
The 2018/2019 Budget themed: “Enhancing Prosperity and Welfare of EAC Citizens” is a step-down from $110,130,184 presented to the House in the previous Financial Year. According to the Chair of Council of Ministers, the Priority Interventions for FY 2018/2019 will focus on enhanced free movement of goods in the region and further liberalization of free movement of labor and Services; improved cross-border infrastructure to ease cost of doing business in the region; and enhanced regional agricultural productivity. Other priority interventions include enhanced industrial development through investment in key priority sectors including leather and textile; skills development, technological advancement and innovation to stimulate economic development. The implementation of the roadmap for the attainment of the EAC Monetary Union; strengthened Peace, Security and Good Governance and Institutional Framework for EAC Political Confederation are also set for consideration.
The 2018/2019 Budget is allocated to the Organs and Institutions of the EAC as follows; East African Community Secretariat ($46,693,056), East African Legislative Assembly ($17,885,852) and the East African Court of Justice ($3,982,446). The Inter-University Council for East Africa shall receive ($6,847,969), Lake Victoria Basin Commission ($13,357,673) while $ 2, 518,137 is earmarked for the Lake Victoria Fisheries Organization. On their part, the East African Science and Technology Commission shall receive ($ 1,661,779), East African Kiswahili Commission ($ 1,605,353) and the East African Health Research Commission ($ 4,204,032). The East African Competition Authority is to benefit from $1,014,418 in the Financial Year 2018/19.
The 2018/2019 Budget is to be financed by Partner State contributions through the Ministries of EAC Affairs ($50,227,920); Ministries responsible for Education – ($ 4,466,210) and Ministries responsible for Fisheries ($ 1,551,032). Development Partners will support the Community to the tune of ($42,925,613) while Member Universities will inject in to the kitty $ 333,970. The miscellaneous revenue is pegged at $ 265,971.
Other key areas Rt. Hon Dr Kivenjija said, include further consolidation of the Single Customs Territory (SCT) to enhance intra-EAC trade, leading to reduction in the cost of doing business in the region and the development of regional infrastructure, thereby reducing transport costs, and easing cross-border movement of people, goods and services. The funds are also earmarked to enhance implementation of the EAC Common Market Protocol, with particular emphasis on free movement of skilled labour across the Partner States.
Promotion of peace, democracy and security across the Partner States as well as efforts towards full participation of the Republic of South Sudan in the activities of EAC are other areas of priority for the Community in the coming Financial Year.
The EAC is further expected to streamline and further consolidate its operational systems to achieve the desired level of efficiency, accountability, and value for money.
Last Financial Year, the august House approved a Budget of USD110, 130,184. The said amount was earmarked for among others; consolidation of the Single Customs Territory (SCT) to cover all imports and intra-EAC traded goods; Infrastructural development in the region and liberalization of free movement of skilled labour across the Partner States.
The second Deputy Prime Minister cited a number of assumptions on which this year’s budget is pegged on to include the continued and consolidated political support of the EAC integration and the availability of adequate financial resources and remittances. Political stability and good governance as well as safe and stable security across the region are other areas of consideration.
On the global economic performance outlook, the Minister informed the House the global economy had expanded by 3.7 % in 2017, which is approximately 0.5 % point higher than the growth in 2016. The pickup, Rt Hon Dr. Kivenjija added, in global growth was supported by a notable increase in global investment, trade, and industrial production, coupled with strengthening business and consumer confidence. Accordingly, Sub-Saharan Africa’s real Gross Domestic Product (GDP) grew by 2.7 % in 2017 compared to a revised growth rate of 1.4 % registered in 2016. The accelerated growth was mainly due to favourable commodity export prices and strong agricultural production.
Rt Hon Dr. Kivenjija said the region had continued to realise significant growth and development even though there were mixed results. “Mr. Speaker, the EAC region maintained its position as the fastest-growing sub-region in Africa, with estimated growth of 4.6 % in 2017, up from 4.4 % in 2016”, the Chair said.
Strong growth was widespread in the region, with Kenya, Rwanda, Tanzania and Uganda growing at more than 5%. Growth in Kenya was supported by sustained investment in infrastructure and improvement in the service sectors, while in Uganda and Tanzania growth was mainly supported by strong performance in the industry sector. Rwanda’s growth was supported by favorable weather conditions and higher commodity prices. However, the Chair said the economic growth in Burundi and South Sudan remained subdued in 2017, with some signs of steady recovery. GDP growth in Burundi contracted by 1.3 % in 2017 compared with a revised contraction of about 1.6 % in 2016. This was mainly due to sustained impact of suspension of financial aid by major donors, shortage of foreign exchange reserves, and declining investment. Likewise, the Minister stated growth in South Sudan contracted by about 3.5 % in 2017 compared to a contraction of 13.8 % in 2016. Growth deceleration in South Sudan since 2015 has been largely contributed by the combination of low oil prices and reduction in oil production following the ongoing political challenges.
On legislation, the Minister informed the House the Community had enacted among others, the EAC Supplementary Appropriation Bill 2017; the EAC Appropriation Bill, 2017, the EAC Oaths Bill, 2018 and the EAC Polythene Materials Control Bill, 2017. He informed the House that a number of new Bills would be introduced in the coming Financial Year. “Mr. Speaker, during the Financial Year 2018/2019 the Council will propose amendments to the EAC Standardization, Quality Assurance Metrology and Testing Act (SQMT) 2006. The proposals are intended to make it possible to make SQMT regulations by separating metrology matters from SQT matters. The Council also intends to review and bring amendments to laws relating to trade especially the EAC Competition Act, 2006”, Hon Dr Kivenjija said. The Council of Ministers is to further initiate Bills that support the establishment of the East African Monetary Union. In particular, the Council shall initiate the East African Surveillance Compliance and Enforcement Commission Bill 2018 and the EAC Financial Commission Bill, 2018, in compliance with the Protocol on the Establishment of the East African Monetary Union.
The Chair of Council of Ministers further lauded the Assembly for the speed with which it is carrying out with its mandate.
“From what I see and from what I have already experienced in the six months with you, I can only hold the Members of the 4th Assembly in high esteem and high regard because you have hit the road with a lot of enthusiasm and focus. As Council, we only hope that you continue to excel and to hold us even more accountable”, he said.
On Infrastructure, the Minister informed the House of the completion of the Taveta – Mwatate road, which is part of the multinational Arusha – Holili/Taveta – Voi road and its commissioning in July, 2017. On the side of the United Republic of Tanzania, the dual construction of the14 Km long Sakina – Tengeru section, was completed while the construction of the 42-km long Arusha Bypass is in progress. The Minister further informed the House of the completion of the Mombasa-Nairobi standard gauge railway (SGR) line in Kenya and stated the phase II from Nairobi to Naivasha was ongoing and expected to be completed by 2019. “These are backbone lines for the Mombasa-Nairobi-Kampala-Kasese/Kigali and Tororo-Pakwach/Gulu-Nimule-Juba SGR project along the Northern Corridor”, the Rt Hon Deputy Prime Minister informed the House.
Rt Hon Dr Kivenjija remarked that EAC was collaborating with the COMESA and SADC under the Infrastructure Development Pillar of the Tripartite Free Trade Area, to implement the Tripartite Transport and Transit Facilitation Programme. He remarked the collaboration was key in harmonization of policies, standards and specifications in the roads sector.
On Civil aviation and airport matters, the House was informed the EAC Secretariat had completed the draft regulations to guide the Partner States in quest to fully liberalize their Air Transport Services. The rationale for this, the Minister said is in order to achieve improved efficiency, enhancement in capacities and eventually lowering the cost of air transport in the Region. During the period under review, the EAC Secretariat similarly coordinated the operationalization of the EAC aeronautical and maritime search and rescue agreement and the development of an EAC agreement in handling aircraft accident and incident investigation.
On agriculture and food security, the EAC Minister said the region remained committed to fully support implementation of the June 2014, African Heads of State Malabo Declaration on Agriculture Growth and Transformation in Africa.
I am pleased to inform you that the EAC is strongly committed to support implementation of the June 2014, African Heads of State Malabo Declaration on Agriculture Growth and Transformation in Africa. In June 2017 Ministers responsible for Agriculture in the EAC Partner States and other key regional stakeholders signed the EAC Comprehensive African Agricultural Development Programme (CAADP) pact. Further, the EAC Regional Agriculture Investment Plan (RAIP), which will be a key instrument in rallying financial and technical support to spur agricultural transformation was developed and is now awaiting consideration and adoption by the 11thSectoral Council on Agriculture and Food Security.
The Minister called for heightened measures to ensure food security. “Mr. Speaker, the EAC region suffers from frequent food insecurity despite the huge resource endowments and great potential for production of adequate food. Food insecurity in the region is caused by both natural and policy related factors. The EAC Secretariat with the financial and technical support from USAID and East Africa Trade and Investment Hub (EATIH) has developed EAC Regional Food Security and Nutrition Security Strategy (FNSS) and its Action Plan (FSAP) to guide the implementation and actualization of the regional food security objectives”, he remarked.
The House is now expected to debate on the Budget proposals.
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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 (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.
East African Legislative Assembly, Arusha, June 1, 2018:
The House late Thursday (May 31st, 2018) afternoon debated and adopted the Report of the Committee on Accounts on the EAC Audited Financial Statements for the Year ended 30th June 2016. The report was presented by the Chair of the Committee on Accounts, Hon Dr Jumanne Ngwaru Maghembe to an attentive House.
The report attributes the overall financial position of the Community as reasonably healthy, with sufficient liquid assets to meet its maturing liabilities as and when due. The Community, the report states, had a budget of USD 112,233,039 in the Financial Year ending June 30th, 2016 and the actual expenditure totalled to USD 59,664,208 hence an overall budget performance of 65%.
The report covers the Audited Financial Statements of the EAC organs, projects and programmes for the year ended 30th June, 2016. It also covers the Lake Victoria Basin Commission (LVBC), Lake Victoria Environmental Management Project II (LVEMP II), Lake Victoria Basin-Partnership Fund, Inter University Council for East Africa (IUCEA), Lake Victoria Fisheries Organization (LVFO) and the Civil Aviation Safety and Security Oversight Agency (CASSOA).
The Report however states that EAC Institutions, projects and programmes across board have a challenge of budget absorption. It therefore calls for proper budgetary planning, coherency and consistency in the budgeting process.
In his presentation, Hon Dr Maghembe enumerated certain gross irregularities were noted in recruitment and award of short term contracts and cites it as contravening the Staff Rules and Regulations and the Treaty for the re-Establishment of the EAC. Similarly, many procurement processes in the EAC Organs and Institutions contravene procurement procedures.
The Audit Commission reported that the assessment of the status on the implementation of the previous audit recommendations of the previous two years (2013/2014 and 2014/2015), revealed that 41% of the audit recommendations made in the 2013/2014 audit were not implemented while 57% of the audit recommendations made in the 2014/2015 were not implemented.
The Report further calls for timely remittances of contributions by Partner States saying delays make implementation of EAC programs difficult.
“When funds are remitted towards the end of the financial year, they are not sent to the specific institution to which the money was budget for, but deposited to the reserve account”, a section of the report states.
On non-implementation of the previous audit recommendations, the Committee wants a proper mechanism to enable the Assembly to get periodical report(s) on the status on implementation of its recommendations from the Council of Ministers. It tasks the Council of Ministers to direct the Audit Commission to follow up and report on annual basis to the Assembly through EALA Committee on Accounts on the status of the Assembly’s recommendations’ implementation.
The Committee further observes a weak Audit function at the EAC and says inadequate staffing is affecting the audit function on all the Organs and Institutions of EAC. In the regard, an immediate upgrade of the Audit function in to a fully-fledged department to ensure effectiveness is therefore necessary, the report says.
In order to ensure proper management of EAC projects and programmes, the Assembly further calls for continuity and sustainability plans for all projects, that should be mainstreamed and aligned with EAC objectives and mission. It thus cites the branding of EAC Projects and Programmes as crucial to enhance the visibility of EAC activities.
The Committee further observes need for timely remittance of the VAT receivables across the Partner States by the revenue collection bodies saying such delay is uncalled for.
Staffing matters also take centre stage in the report with findings alluding to the fact that majority of the EAC institutions are grossly understaffed leading to non-segregation of duties and a corresponding violation of staff rules and regulations.
The Committee therefore recommends to the Assembly to urge the Council of Ministers to ensure that all the positions at EAC are properly filled as per the staffing structures. Other challenges include inadequate and weak regulatory framework governing the financial and procurement regimes at the EAC, weak compliance and verification systems of goods and services procured and weak disciplinary mechanisms to reprimand staff at the EAC among others.
The 149 page report received overwhelming support from Members at debate time. Rising in support of the report were Hon Dr Anne Itto, Hon Josephine Lemoyaan, Hon Fatuma Ndangiza, Hon Mohammed Mnyaa, Hon Dr Woda Jeremiah, Hon Kasamba Mathias and Hon Gideon Thoar Gatpan. Others were Hon Pamela Simon Maassay, Hon Florence Jematiah Sergon, Hon Fatuma Ibrahim, Hon Claude Barimuyabo, Hon Mukasa Mbidde, Hon Mary Mugyenyi, Hon Pierre Celestin Rwigema, Hon Gabriel Alaak, Hon Wanjiku Muhia, Hon Dr Oburu Oginga, Hon Susan Nakawuki and the Counsel to the Community, Hon Dr Anthony Kafumbe.
The Members raised various concerns and called for the need to address the various irregularities, strengthening of the weak systems, enhanced procurement and implementation of modalities leading to ISO certification.
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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 (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.
EAC Headquarters, Arusha, Tanzania, 30th May, 2018:
The stakeholders meeting for Risk and Crisis Communications (RCC) on Communicable and Non-communicable diseases organized by the East African Community Secretariat (EAC) and Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) through the support of Pandemic Preparedness in region (PanPrep) project has concluded in Nairobi, Kenya.
The objectives of the meeting was to broaden the range of awareness of experts involved in risk and crisis communication in the EAC region, facilitate a common understanding of the RCC, introduce the participants to the concept of risk and crisis communication in One Health context and extend Technical Working Group on RCC that will develop a regional RCC strategy and Standard Operating Procedures.
The meeting also explored the opportunities for collaboration and leveraging resources to implement risk and crisis communication within region and committed to support the development and implementation of the regional risk and crisis communication strategy.
Making his remarks during the official opening session on behalf of the EAC Deputy Secretary General in charge of Productive and Social Sector, Hon Christophe Bazivamo, the EAC Principal Health Officer, Dr. Stanley Sonoiya, expressed his sincere appreciation to the GIZ for supporting the stakeholders meeting.
He underscored the importance of the meeting, which build capacity as well as enable the participants to communicate better whenever there are outbreaks that affect both human beings and animals. Dr. Sonoiya said that medical experts have technical skills but noted that there was a missing gap in terms communication between them and the people at large.
On her part, the GIZ-EAC Project Manager of Pandemic Preparedness, Dr. Irene Lukassowitz highlighted the importance of the project, which is aimed at strengthening the EAC Secretariat in its regional pandemic preparedness support function following a One Health approach.
Note to Editors:
The 15th Ordinary Meeting of the EAC Sectoral Council of the Ministers of Health that took place from 13th to 7th November, 2017 approved the expansion o the EAC Technical Working Group on Communicable and Non-Communicable diseases to include Risk and Crisis Communication (RCC) experts. The EAC Partner States were notified of the decision and in line with the One Health approach requested to nominate a total of 7 RCC experts from different sector, namely from human health (South Sudan), animal health (Burundi), environment (Rwanda) agriculture and wildlife (Tanzania), trade (Kenya), One Health (Uganda) and tourism (Zanzibar). Nominated were experts from health, agriculture, trade, environment and communications.
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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.
The East African Court of Justice, Arusha, Tanzania, 26th May, 2018.
The Appellate Division on Friday ruled in favour of Hon. Dr. Margaret Nantongo Zziwa (Appellant) and ordered that she be awarded compensation in the sum of US$114,000 with interest thereon at six (6) per cent per annum from 24th February, 2015 when she filed her Amended Reference till payment in full. This was a result of her illegal removal from the office of the Speaker of the East African Legislative Assembly (EALA) which the Court averred was an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
The Appellate Court in its judgement set aside the findings by the Trial Court (First Instance Division) that it had no jurisdiction to grant the remedy of damages and substituted it with a finding that the Trial Court had the jurisdiction or mandate to grant that remedy. It also set aside the order on costs by the Trail Court and ordered that the Appellant be granted the costs of the Reference and of the Appeal, and that such costs are certified for two counsels.
This was an Appeal by Dr. Zziwa (“the Appellant”) against the Judgment of the First Instance Division of this Court (“the Trial Court”) dated 3rd February, 2017 whereby the Trial Court partially allowed the Amended Reference filed in the Trial Court on 24th February, 2015 and ordered each party to bear their own costs. The Appellant who was a member of the EALA from the Republic of Uganda was in June 2012 elected as the Speaker of EALA. On 24th February, 2015, the Appellant filed in the Trial Court an Amended Reference in which she contested the legality of her purported removal from office on 26th November, 2014.
“We are of the firm opinion that the full effectiveness of East African Community Laws including the Treaty and the protection of the rights granted by such laws requires the Court to grant effective relief by way of appropriate remedies in the event of breach of such laws,” said the Judges.
The Court added that the Trial Court having found that the proceedings for the removal of the Appellant as Speaker were null and void and that, accordingly, her removal was illegal and in breach of the Treaty, it followed, in their view, that in the eyes of the law she continued to hold the office of Speaker and the Court could not but order her reinstatement as part of its mandate to ensure adherence to the law and compliance with the Treaty.
In addition, the Appellate Court held that Articles 23(1) and 27(1) of the Treaty do not confine the Court’s mandate to mere interpretation of the Treaty and the making of declaratory orders but confer on the Court, being an international judicial body, as an aspect of its jurisdiction, the authority to grant appropriate remedies to ensure adherence to law and compliance with the Treaty.
The Court also found and held that the lamentation by the Trial Court that it had no power under the Treaty or the Rules to grant the remedy of reinstatement was without justification in the Treaty itself or in the law of responsibility of international organizations.
Furthermore, the Appellate Court rejected the submissions of the Respondent (the EAC Secretary General) that the prayer for the reinstatement of the Appellant was moot or overtaken by events as at the date of Judgment by the Trial Court. The Appellate Court noted that the record shows that the Appellant was suspended from office on 26th November 2014, she filed the Reference on 10th December, 2014, Hon Kidega was elected as Speaker to replace her on 19th December, 2014, the Amended Reference was filed on 24th February, 2015, the Judgment of the Trial Court was delivered on 23rd February, 2017, and the life of the Assembly ended in June 2017.
The Court added that, at the time of the Judgment appealed from, the life of EALA had not come to an end and, accordingly, an order for the Appellant’s reinstatement would not have been moot. However the Appellant’s prayer for reinstatement as the Speaker of the Assembly was declined.
On the question as to whether the remedy should have been refused in regard to the doctrine of separation of powers, the Court rejected the Trial Court’s holding to that effect, that EALA having violated Article 56 of the Treaty in removing the Appellant from office and that conduct being attributable to the Community in international law (as was determined by the Trial Court), the Community cannot invoke the doctrine of separation of powers to bar the Court from ordering her reinstatement on the basis that matters of election and removal of the Speaker are within one of its organ’s exclusive mandate.
Also, the Court added that it is in complete agreement with the jurisprudence from the superior courts of the Partner States cited, from which may be distilled the principle that the doctrine of separation of powers is only sacrosanct (untouchable) where the independent organs of the State concerned are acting within the law. That any State organ or institution that marches out of step with the law is liable to be brought in line by the courts with the sword of checks and balances. In the premise, the doctrine of separation of powers could not and cannot in either international law or internal law (which is not relevant in the case at hand) shield any Community organ or institution from judicial scrutiny for any transgression of the Treaty or other Community laws.
“It is clear to the Court that EALA’s removal of the Appellant as Speaker in contravention of the Treaty was an internationally wrongful act which is attributable to the Community and accordingly entails the Community’s international responsibility,” the Court said.
The Court was also persuaded that the Trial Court exercised its discretion improperly in denying the Appellant her costs. It observed that even the Trial Court itself was not certain that the Appellant’s conduct triggered the litigation. The Trial Court’s conclusion was that “quite possibly” such conduct “could have” triggered the unfortunate series of events the subject matter of the Reference. In the Appellate Court’s view, the Appellant’s alleged conduct was a red herring (information intended to be misleading). And that it was definitely not conduct in the Reference or conduct that gave rise to the Reference. In the premise, it was an irrelevant factor, and the Trial Court, in taking it into account in exercising its discretion, thus exercised such discretion improperly.
That it is also clear that the Appellant has substantially succeeded in this Appeal and the Court finds that the Appellant is entitled to her costs both in this Court and in the Trial Court
As regards certification for two Counsels, the Court said that the Appellant was represented by Counsel from two different law firms in Kampala, Uganda. In the result, “we would certify the case as appropriate for costs for two Counsels in this Court and below.” The Appellant is, in this Court, as she was in the Trial Court, represented by Mr. Justin Semuyaba, duly instructed by Semuyaba Iga & Co. Advocates of Kampala and Mr. Jet John Tumwebaze, duly instructed by the firm of Kampala Associated Advocates of Kampala. Both Counsel for the Appellant and herself Hon. Dr. Zziwa accompanied by Captain Francis Babu, were present in court to receive the Judgment. Dr Anthony Kafumbe Counsel to The Community and his Representative Ms Brenda Ntihinyurwa, for the Secretary General were also present in Court.
The Judgment which was delivered by Honourable Justices: Dr Emmanuel Ugirashebuja (President of the Court), Liboire Nkurunziza (Vice-President), Justice Edward Rutakangwa, Aaron Ringera and Geoffrey Kiryabwire.
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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 Legislative Assembly, Arusha, May 26, 2018:
The East African Legislative Assembly (EALA) resumes its Sitting in Nairobi, Kenya, on Monday, May 28th, 2018. The Fifth Meeting of the First Session of the 4th Assembly, runs until June 15th, 2018 in the Kenyan capital.
Topping the packed agenda of the Assembly, is a Special Sitting expected to be addressed by H.E President Uhuru Kenyatta at a later date to be communicated.
Other key highlights of the Assembly, to be presided over by Speaker, Rt Hon Ngoga Karoli Martin, include the tabling of the EAC Budget Speech for the Financial Year 2018/19, the anticipated debate and enactment of three pieces of legislations and possible adoption of several reports. The Bills to be debated include the EAC Community Supplementary Appropriation Bill, 2018, the East African Community Appropriation Bill, 2018 and the Administration of the EALA (Amendment) Bill, 2018.
The EAC Budget speech is expected to be delivered on June 4th, 2018 by the Chair of the Council of Ministers. The Assembly is subsequently then expected as is part of its mandate to debate and to approve the contents of the Budget speech, which is a key activity of the EAC calendar.
Last year, (June 2017), EALA approved the bloc’s budget estimates for the Financial Year 2017/2018, totaling $110,130,183. The 2017/2018 Budget themed: “Accelerating Implementation of the EAC Integration Agenda” was a step-up from $101,374,589 presented to the House in the previous Financial Year (2016/17). The Budget speech (then) prioritized on the consolidation of the Single Customs Territory (SCT) to cover all imports and intra-EAC traded goods, infrastructure development in the region and further liberalization of free movement of skilled labour across the Partner States.
Other activities of the Assembly include debate on the Report of the Committee on Accounts on the EAC audited financial statements for the Financial Year ended 30th June, 2016 and the Report of the Committee on General Purpose on the EAC Budget for the FY 2018/2019. With regards to the anticipated Bills, the Administration of the East African Legislative Assembly (Amendment) Bill, 2018 moved by Hon. Susan Nakawuki Nsambu, aims to amend the Administration of the East African Legislative Assembly Act, 2012 to provide for the Assembly to be wholly responsible for its administrative and financial affairs, to streamline the functions of the Commission in order to support its financial and administrative autonomy and to provide for other related matters. According to the mover of the Bill, at the 33rd Meeting of the EAC Council of Ministers, the Council granted financial and administrative autonomy to the Assembly. However, the Administration of the EALA Act in its current form does not support implementation of financial and administrative autonomy of the Assembly, prompting Hon Nsambu to move the amendment to cure the lacuna.
Furthermore, over the three week-period, the Assembly will interact with various stakeholders and citizens in a calculated move to collect views to effectively undertake its mandate and enhance its representation mandate.
The interactions include sessions with the Kenya Private Sector Alliance (KEPSA) the International Committee on the Red Cross (ICRC) and engagements with the Civil Society Organisations within the agriculture sector as the 3rd EAC Agriculture Budget Summit, 2008 gets underway in Nairobi on May 31st, 2018.
The Plenary Sitting is being preceded by the EALA Commission which completes its two- day Meeting on Saturday, May 26th, 2018. The Committee on Accounts and the Committee on General Purpose have also been holding meetings in Nairobi to look at pertinent areas which shall then feed in to the forthcoming Parliamentary sessions.
NOTE TO EDITORS ABOUT EALA 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 put into effect 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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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 (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.
EAC Headquarters, Arusha, Tanzania, 23rd May 2018:
Today marked the launch of a two day workshop on regional aquaculture, under the title 'Stakeholders workshop on the EU-EAC TRUE-FISH Programme'.
The workshop is co-hosted by the East African Community (EAC), the Delegation of the European Union (EU) to Tanzania and to the EAC and the Lake Victoria Fisheries Organization (LVFO). It is also supported by two technical partners: the Food and Agricultural Organization (FAO) and WorldFish.
Addressing the media, EAC Secretary General Amb. Liberat Mfumukeko, said that despite efforts by riparian countries around Lake Victoria, measures to sustainably manage capture fisheries remained a big challenge with stocks of Nile Perch and Tilapia declining drastically.
“Notably, aquaculture in East Africa has not developed its potential and accounts for only 7-8% pf regional fish consumption. Overall demand for fish in the region is projected to rise substantially in the near future due to high growth, increasing incomes and urbanization. Developing aquaculture to meet the increasing demand for fish in East Africa is therefore crucial,” said Amb. Mfumukeko.
Amb. Mfumukeko disclosed that the five-year project would run from 2019 to 2024 with a budget of 10 million Euros from the European Development Fund, adding that this was a component of the 85 million Euros committed to EAC projects in agriculture, infrastructure, investment and private sector development by the EU.
Addressing the media, the Head of Delegation of the European Union to Tanzania and the EAC, H.E. Ambassador Roeland van de Geer reiterated the importance of fish farming having the potential to be a key driver for poverty eradication and sustainable development in the region: “Not only will fish farming help improve regional nutrition and food security. It will also provide new sources of rural income and contribute to contain pressure on the wild resources of the Lake Victoria”. He further stressed that the EU-EAC TRUE-FISH programme aims to tackle some of the key challenges as well as sustainability risks for the development of market-led, competitive and sustainable commercial aquaculture in the Lake Victoria basin.
The Country Director of WorldFish for Zambia and Tanzania, Mr Sloans Chimatiro, indicated that: “in the face of climate change, sustainable aquaculture practices offer water, energy and feed conversion efficiencies superior to any other domesticated animal food production system”.
The Executive Secretary of LVFO, Mr. Godfrey V. Monor, said that catches and biomass of fish in the lake and in particular Nile perch and Nile tilapia have declined and stressed that this has been accompanied by a corresponding reduction in per capita fish consumption. Consequently, he continued, “EAC Partner States are making efforts to put in place mechanisms to increase fish production through aquaculture. The LVFO, a specialized Institution of the EAC, coordinating the management and development of fisheries and aquaculture in the region, is spearheading this effort. LVFO has been instrumental in the development of the EAC Regional Strategy and Implementation Plan (2015–2020) for sustainable aquaculture and other documents providing inter alia for the establishment of harmonised legal frameworks. As well, it has been instrumental for the formulation of the EU-EAC TRUE-FISH Programme”.
The FAO Representative in Tanzania, Mr Fred Kafeero, stated that FAO has a long history in East Africa, particularly in fisheries and aquaculture on the Great Lakes. He said "Through its Sub-Committee for the Management of Lake Victoria, the Lake Victoria Fisheries Organization was established and inaugurated. As such the link between FAO and LVFO is a lasting one. Likewise FAO has strong links with WorldFish and has benefited from a long-standing relationship with the EU not only in fisheries and aquaculture, but in all aspects of food and agriculture-related aspects in rural development and beyond. All the right elements are there for a successful programme".
The main objectives of the workshop are to present and discuss the final design of the EU funded programme to the key stakeholders, place the programme in the context of wider fisheries and aquaculture topics of interest for the region, including on gender, and hold thematic working sessions to kick-off consultations for the preparation of implementing projects.
The workshop will be combined with Europe Day celebrations under the theme 'Gender and aquaculture'. Similar celebrations were marked on 9 May in Dar es Salaam and 17 May in Dodoma under the theme 'Gender and Agriculture. Europe Day commemorates the 'Shuman declaration' in 1950 when French Foreign Minister Robert Schuman set out his idea for a new form of economic, and political cooperation in Europe, which led in 1957 to the Treaty of Rome. The Treaty of Rome is one of the constitutional basis of the European Union and a pillar of peace and prosperity in the region.
NOTES TO EDITORS
The TRUE-FISH programme has a total estimated cost of EUR 10.15 million (Approximately TZS 28 billion) and a total amount of European Development Fund contribution of EUR 10 million (Approximately TZS 27. 6 billion) over the period of 5 years (2019-2024).
The programme aims to contribute in developing competitive, gender equitable and sustainable commercial aquaculture in the Lake Victoria basin. It has three specific objectives: 1) BUSINESS: to improve access to commercial networks for aquaculture-related businesses 2) SKILLS: to increase availability and quality of local skilled workers for the development of aquaculture-related businesses 3) SUSTAINABILITY: to improve sustainability and bio-security of regional aquaculture production systems
Activities associated with the first specific objective include the establishment of a regular East African Aquaculture Exhibition and Conference, strengthening business linkages with the Egyptian and West African aquaculture sectors; and research and packaging of industry information.
The second specific objective covers the upgrading of practical training delivery by three Technical Vocational and Educational Training institutions (RIAT in Kisumu, FTI in Entebbe, and the FETA-NFFI in Nyegezi, Mwanza), and strengthening linkages between the training institutions, and with aquaculture business operators.
The third specific objective will work in areas related to strengthening aquatic animal health conditions, zoning of Lake Victoria, and protection of biodiversity. Geographical scope: the programme focuses mainly on Lake Victoria and other lakes within its basin (Uganda, Kenya and Tanzania); components on aquatic animal health can be extended to other EAC Member States.
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For more information, please contact:
Mr Owora Richard Othieno, Head of Department; Corporate Communications and Public Affairs, East African Community Secretariat Direct Line: +255 784 835021 Email: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: http://www.eac.int
Dr. Robert Kayanda, Director of Fisheries Resources Monitoring and Research, Lake Victoria Fisheries Organisation E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: http://www.lvfo.org
Ms Susanne Mbise, Press & Information Officer, Delegation of the European Union to Tanzania and to the EAC Email: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: http://eeas.europa.eu/delegations/tanzania/
East African Community Secretariat, Arusha, Tanzania, 21st May, 2018:
The Secretary General of the East African Community (EAC), Amb. Liberat Mfumukeko, concluded the first phase of visits to the EAC Institutions in Kenya and Uganda over the weekend.
The visits, which started on the 16th May, 2018, covered the Lake Victoria Basin Commission (LVBC) located in Kisumu, Kenya; the Lake Victoria Fisheries Organization (LVFO) in Jinja, Uganda; the Inter University Council of East Africa (IUCEA) in Kampala; and the Civil Aviation Safety and Security Oversight Agency (CASSOA) in Entebbe, Uganda on 19th May, 2018.
The purpose of the visits is for the Secretary General to familiarize himself with the institutions and to understand their contribution to the integration process and the challenges they face in the discharge of their mandates.
The second phase of the visit will be conducted in June 2018, and will see Amb. Mfumukeko visit the East African Kiswahili Commission (EAKC) based in Zanzibar; the East African Science and Technology Commission (EASTECO) in Kigali, Rwanda; and the East African Health Research Commission (EAHRC) which is based in Bujumbura, Burundi.
At the LVBC headquarters in Kisumu, Amb. Liberat Mfumukeko met the Executive Secretary, Dr. Ali Said Matano and his staff and got briefs from the Heads of Departments on the key achievements and challenges of the Institution.
During his visits to Kisumu, the Secretary General paid a courtesy call to the Governor of Kisumu County, H.E. Peter Anyang' Nyong'o, who expressed the need for LVBC to work together with the County Government of Kisumu and urged LVBC to create more awareness on their activities to the residents of Kisumu County.
The Secretary General toured the Lake Victoria Water and Sanitation (LVWATSAN) 11 project site infrastructures located in Keroka, in Nyamira County.
At the Lake Victoria Fisheries Organization (LVFO) in Jinja, Uganda, the Secretary General met the Executive Secretary, Godfrey Monor and got briefs from the Heads of Departments on the key achievements and challenges of the Institution. Amb. Mfumukeko later on toured the Source of the Nile (SON) Fish Factory and Farm.
Established in 2005, SON has breeding and juvenile ponds at Bugungu Farm near Jinja, small fish cages in Lake Victoria in addition to manufacturing its own feed on site. The factory harvests 10,000 tonnes of tilapia per annum and has a strong emphasis on health and safety, sustainability and community projects.
At IUCEA, the Secretary General met the Executive Secretary, Prof. Alexandre Lyambabaje, and got briefs from the Heads of Departments on the key achievements and challenges of the Institution.IUCEA intends to construct the second phase of its headquarters to accommodate all staff, Archives and Conference Halls.
Amb. Mfumukeko concluded his tour by visiting the CASSOA headquarters. The Ag. Executive Director, Mr Emile Nguza Arao, briefed the Secretary General on the Institution and informed him that CASSOA was voted by International Civil Aviation Organization (ICAO) as the second best safety and security agency in the world out of 17 organizations.
During the visits, the Secretary General emphasized to all institutions the need to focus on implementing their priorities as set out in the EAC’s 5th Development Strategy. He urged all the Heads of Instructions to implement reforms geared at cutting costs and ensuring frugal use and accountability of EAC resources, and endeavour to build synergy with other EAC Organs and Institutions.
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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.
19th May, 2018, Kigali Conference and Exhibition Village, Kigali, Republic of Rwanda:
The East African Science and Technology Commission (EASTECO) in collaboration with the East African Regional Centre of Excellence for Biomedical Engineering and e-Health at the University of Rwanda, the EAC Secretariat and Partner States convened the 2nd EAC Regional e-Health and Telemedicine Ministerial Conference and International Trade Exhibition at the Kigali Conference and Exhibition Village, Kigali, Rwanda on 17th May, 2018.
The Ministerial Conference considered the report and recommendations of the 2nd EAC Regional e-Health and Telemedicine Workshop that was held from 15th to 16th May, 2018 at the same venue.
The theme of the Conference was “harnessing science, technology and innovation to transform healthcare delivery and accelerate the attainment of Sustainable Development Goals in East Africa.”
The meeting was attended by the Rt. Hon. Dr. Ali H. Kirunda Kivejinja, Second Deputy Prime Minister and Minister of EAC Affairs, Uganda and Chairperson of the EAC Council of Ministers; Hon. Sarah Achieng Opendi, Minister of State for Health, Uganda; Hon. Dr. Patrick Ndimubandi, the State Minister for Public and Primary Health, Rwanda. Kenya was represented by Hon. Dr. Rashid Aman, Chief Administrative Secretary, Ministry of Health, and Hon. Ken Obura, Chief Administrative Secretary, Ministry of EAC and Northern Corridor Development. Hon. Ummy Mwalimu, Minister of Health, Community Development, Gender, Elderly and Children was represented by Mr. Toritoi Ngosayon Bunto, the Acting High Commissioner of Tanzania in Rwanda. The Ministerial Conference brought together 120 participants from the EAC region and beyond.
In his opening remarks, the Chief Guest, Rt. Hon. Dr. Kivejinja, Chairperson of the EAC Council of Ministers underscored the “importance of the conference in bringing together public and private policymakers, technologists, academia, researchers, medical professionals, NGOs and development partners to discuss how technology can be used to enhance healthcare delivery, brainstorm on eHealth policies and regulations and showcase eHealth solutions.”
Hon. Kivejinja called for a “continuous cooperation of EAC Partner States in developing relevant policies and adopting new technologies to enhance healthcare delivery through the use of information technology and communications systems with ultimate goal of improving the standards of living and increasing life expectancy of East Africans.”
In their deliberations, the Ministers noted that the 2nd eHealth conference built on the 1st conference that was convened by the EAC Secretariat in Kigali, Rwanda in 2010, in collaboration with Partner States. The meeting recalled that the regional agenda to invest in e-Government, which incorporates e-Health, was approved by the 13th Ordinary Summit of the EAC Heads of State that was held in 2006. The Ministers further recalled that the 19th Ordinary Summit of the EAC Heads of State held in Kampala, Uganda on 23rd February, 2018 approved nine health sector investment priorities for the period 2018 to 2028 and that one of the priority areas was Investment in e-Health and that most of the other eight priorities heavily incorporate aspects of e-Health.
The 2nd EAC Regional e-Health and Telemedicine Ministerial Conference:
a) urged the EAC Partner States that do not have a National e-Health Strategy develop it in line with the WHO - ITU National e-Health Strategy Toolkit by 2020;
b) directed EASTECO to conduct an EAC regional e-Health readiness assessment incorporating aspects of systems interoperability, costs and benefits of investing in e-Health by 30th December 2019 in collaboration with the EAC Secretariat, East African Health Research Commission, Partner States’ National Science and Technology Commissions/Councils and Partners;
c) directed EASTECO to promote incubation of local digital health solutions in collaboration with the EAC Secretariat and the Partner States’ Ministries and Agencies responsible for ICT, Science, Technology and Innovation and submit progress reports to relevant Sectoral Councils and the Council of Ministers every two years;
d) urged the Sectoral Council on Health to coordinate the development of regional policies, laws, regulations, guidelines, standards, on health facility/patient safety, data sharing, data security and privacy to facilitate e-health enabled in country and cross border patient referrals within the EAC Partner States by 30th June 2020
e) directed the EAC Regional Centre of Excellence for Biomedical Engineering and eHealth to conduct a study in the application of eLearning systems for training Health Professional in the Region and IUCEA to develop a regional framework to enhance regional and south-south collaboration in capacity building for e-Health by Jan 2020;
f) directed EASTECO to take leadership in convening the EAC regional e-health and telemedicine workshops, ministerial conferences and international exhibitions every two years on a rotational basis among the Partner States in last week of October as part of the meetings of the EAC Sectoral Council of Ministers responsible for Health in collaboration with the EAC Secretariat, the EAHRC and the EAC Regional Center for Excellence for Biomedical Engineering and e-Health; and
g) approved hosting of the 3rd EAC regional e-health and telemedicine workshops, ministerial conferences and international exhibitions by the Republic of Uganda from 28th to 30th October 2020 as approved by the 16th Ordinary Meeting of the EAC Sectoral Council of Ministers of Health.
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For more information, please contact:
Richard Irakoze Communication Assistant The East African Science and Technology Commission (EASTECO), 2nd Floor Telecom House, Kacyiru, Kigali, Rwanda Mobile: +250 783047164 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.; C.C. This email address is being protected from spambots. You need JavaScript enabled to view it.
About EASTECO
The East African Science and Technology Commission (EASTECO) was established as an institution of the EAC, with an overall objective of “promoting and coordinating the development, management and application of Science and Technology in Partner States” composed with the Republics of Burundi, Kenya, Rwanda, South Sudan, the United Republic of Tanzania and the Republic of Uganda.
It is a semi-autonomous institution of the EAC established by the 5th Extra-ordinary Summit of the EAC Heads of State held on 18th June 2007,in accordance with Chapter 16, Article 103 (a) of the Treaty on the Establishment of the East African Community, where the Partner States undertook to promote cooperation in the development of Science & Technology within the Community.
EASTECO Headquarters are in Kigali, Rwanda, 2nd Floor Telecom House, Kacyiru.
