East African Community Headquarters, Arusha, 1st March , 2018:
A Regional Learning Event and Investor Forum on Environment and Natural Resources Management under the theme Building resilience in East Africa: Bridging the Gaps in Policy and Practice is underway at the EAC Headquarters in Arusha, Tanzania.
The two-day forum being organized by the East African Community Secretariat in collaboration with the Lake Victoria Basin Commission (LVBC) with the financial support from the United States Agency for International Development (USAID) provides an interactive space to promote networking, stimulate actions, and facilitate experiential learning that supports resilience, linking local level initiatives with those at regional and national levels.
The overall objective of the event is to showcase EAC priority programs in Environment and Natural Resources on climate change; biodiversity conservation; water, sanitation and hygiene (WASH); and transboundary water resources management.
Reading the speech of the EAC Secretary General, Amb Liberat Mfumukeko during the official opening session, the Director of Productive Sector, at the EAC Secretariat, Mr. Jean Baptiste Havugimana said the Community is facing numerous environmental challenges that undermine regional efforts in improving the quality of life of citizens and attaining sustainable development objectives.Some of those challenges are but not limited to: pollution, desertification, deterioration of aquatic and fresh water ecosystems, disasters, climate change and serious biodiversity losses.
Mr. Havugimana disclosed that at the regional level, the EAC Secretariat and Lake LVBC have been implementing a good number of projects and programmes with a view to conserving and protecting the region’s environment and natural capital against all forms of pollution and degradation arising from sustainable natural events (extreme weather conditions for example: EL NINO and LA NINA) as well as human induced disasters and developmental activities.
He said for the region to build on the momentum of work that has been carried out particularly in the last five years under the USAID/KEA funded PREPARED Program, there is a need for a critical assessment of the past performances, draw lessons and identify offered opportunities to stimulate future actions that can allow achievement of quick wins and facilitate pragmatic learning that supports resilience, linking local level initiatives with those at regional and national levels.
At the same occasion, the Deputy Executive Secretary of the Lake Victoria Basin Commission in charge of Programmes and Projects, Mr Telly Eugene Muramila said the region is facing a number of environmental challenges similar to the other blocs and to mention one challenge – is the increasing demand for water, driven by population pressure, rapid industrialization, and agricultural intensification.
Mr, Muramila, who was speaking on behalf of Dr. Ali Said Matano, the Executive Secretary of LVBC, informed the participants at the forum that PREPARED Program with other Partners in the region since 2012 has been addressing so many environmental challenges on climate change adaptation, biodiversity conservation and improved water supply, sanitation and hygiene (WASH), which are high priorities for both the US Government and the EAC.
He further explained that over the past five years, LVBC and PREPARED have worked to enhance the resiliency of institutions in East Africa to provide water, supply, sanitation and hygiene (WASH) services. “To achieve this goal, the PREPARED Program focused on improving the quality of service delivery among water utilities and reducing non-revenue water (NRW) rates”, added Mr Muramila.
On his part, Mr. Brad Arsenault, Deputy Chief, USAID Kenya and East Africa pledged the commitment of the United States Government to continue supporting East African-led strategic priorities for biodiversity conservation, water resource management, and combatting wildlife trafficking.
He however, called for the Planning for Resilience in East Africa through Policy, Adaptation, Research and Economic Development, better known as PREPARED.
The two-day forum is characterized by plenary and keynote sessions, thematic discussions, and practitioner exhibitions.
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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 Community Headquarters, Arusha, 27th February, 2018:
The Ambassador of the Kingdom of the Netherlands to the United Republic of Tanzania and the East African Community, H.E. Amb. Jeroen Verheul, today presented his credentials to the EAC Secretary General, Amb. Liberat Mfumukeko at the EAC Headquarters in Arusha, Tanzania.
Receiving the Dutch Ambassador, Amb. Liberat Mfumukeko hailed the strong relations existing between the Community and Netherlands and commended the government of Netherland for its dedicated support to the EAC integration process.
Amb. Mfumukeko informed Amb. Verhaul of the significant outcomes of the just concluded Joint EAC Heads of State Retreat and Summit which include, among others: 17 EAC Flagship Projects approved for championing, launching of the 5th EAC Development Strategy (2016/17-2020/21), validation of nine key investment priorities areas for health and implementation of new and on-going earmarked infrastructure projects in the region, progress report on the European Economic Partnership (EU-EAC EPA) negotiations, progress report on the constitution-making process for the EAC Political Confederation, and the Inter-Burundi dialogue under the Facilitator; H.E former President Benjamin Mkapa and Mediator; H.E Yoweri Kaguta Museveni.
The Secretary General disclosed that the Community will continue to engage with the EU on the concerns of some Partner States on the EPAs, adding that in the event that an acceptable way forward is not reached, the Community shall explore the use of variable geometry in the implementation of EPAs.
Amb. Mfumukeko also shared the progress made by the EAC in the four pillars of integration namely the Customs Union, Common Market, Monetary Union and Political Federation, adding that the Community had made great strides in the four pillars due to political goodwill by the leaders of the Partner States and support from the EU through the Partnership fund as well as other Development Partners.
The Secretary General reaffirmed EAC’s commitment towards realizing significant achievements in trade, customs and infrastructure development. “Trade is a way to reduce conflict and unemployment hence the need to create a favorable business environment that will boost the Private Sector and attract investments within the region”, he said, noting that East Africa has an extremely high number of educated yet unemployed youth.
In his remarks, Amb. Verheul assured the Secretary General of his country’s commitment to working closely with EAC to enable the Community attain its objectives in the integration process.
The Ambassador said Netherlands was keen to share with the EAC its experiences in the European integration, adding that the EAC could learn from the EU in addressing some of the emerging challenges in the integration process.
The Dutch envoy also commended the Facilitator and the Mediator of the Inter-Burundi dialogue for the progress made thus far, urging that the negotiations should continue to be as inclusive as possible.
Present at the accreditation occasion were Eng. Steven Mlote, the EAC Deputy Secretary General in charge of Planning and Infrastructure, and; Mr. Kenneth Bagamuhunda, the Director General in charge of EAC Customs and Trade Directorate.
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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.
H.E. Uhuru Kenyatta, President of the Republic of Kenya and H.E. Yoweri Kaguta Museveni President of the Republic of Uganda joined by Amb. Liberat Mfumukeko, East African Community Secretary General, officially launched the Busia One Stop Border Post (OSBP) located on the Kenya/Uganda border, today.
Construction of the Busia OSBP was carried out with funding of US$11.7million from the United Kingdom through the Department for International Development (DFID) while the systems and other related soft infrastructure equivalent to US$1.2million was funded by Global Affairs, Canada. The OSBP investment includes office buildings, roads and parking yards, cargo verification bays, scanner shed, passenger sheds, targeting booths, warehouse and canopies, ICT networks and hardware, furniture, and institutional support to the border agencies.
The OSBP ensures effective border control mechanisms are in place. It will boost trade by cutting the time taken to clear goods between the two nations, thus contributing to a reduction in transport cost, whilst increasing volumes of transhipment cargo through the Central Corridor. It is expected that time to cross the border will reduce by at least a third.
An OSBP is a “one stop” form of border crossing point jointly managed by adjoining Partner States, where multiple border agencies cooperate and collaborate with each other, and effectively coordinate their activities to maximise their operational efficiency. OSBP arrangement brings together under one roof, all the Government agencies performing border crossing controls procedures, doing away with need for motorised traffic and persons to undergo clearance twice at both sides of the border. This arrangement expedites movement, release and clearance of goods and persons across borders, by streamlining border procedures, automation of the border processes and simplification of trade documents.
Speaking at the event, Uganda president H.E Yoweri Museveni said, “I want to thank the British government who have supported us through TMEA, in the construction of the one stop border post making it easy to cross the borders and to do business with Kenya. Trade is a means that will help us create prosperity for the people. My government is committed to creating wealth and jobs for the people through creation of enabling environment for services, Information Communication Technology, commercial agriculture and industries.”
Addressing the crowd, Kenyan President H.E Uhuru Kenyatta commended TMEA for its support to the government and underscored the importance of the OSBP saying, “This facility is an important link for ease of trade between our two countries. Uganda continues to be an important trading partner for Kenya. Opportunities for increased trade and investment have been created. I am happy to hear that because of this OSBP here in Busia, our revenue authority has been able to collect more revenues, a clear indication of increased trade flows”
EAC SG Amb. Liberat Mfumukeko “Much as the One Stop Border concept may look new to some people, the framers of our integration instruments envisioned the need for these facilities and embedded them in the EAC Customs Union Protocol at the time of its negotiation. The first OSBP operations was at Malaba railway station between Uganda and Kenya over ten years ago. At the same time Customs Departments having realized that multiple examination of goods at our internal borders was wasteful and caused unnecessary costs to business, started joint examination of cargo of which Busia Border was a pioneer. These pilot programs provided a practical justification for upscaling the One Stop Border program in the entire region.”
UKAID has provided over USD 52million to the East African Transit Improvement Programme (EATIP) through TMEA, as a contribution to the World Banks’ East Africa Trade and Transport Facilitation Project (EATTFP).
The Head of DFID Kenya, Pete Vowles said, “The UK government is proud to have made such an important contribution to improving regional trade in East Africa through our establishment and leadership of Trade Mark East Africa. By cutting red tape, reforming customs processes and improving roads, ports, and border posts, the UK is supporting the creation of an environment essential for businesses to grow and trade with each other. The completion of the Busia border post marks an important milestone towards our goal of reducing by a third the time to import from the EAC and the rest of the world.”
Over the years, delays in cross border clearance were attributed to duplication of handling procedures on either side of the border, poor institutional arrangement and cargo management systems inadequate physical infrastructures and services and immigration management. The new established OSBP has already addressed some of these challenges. Surveys indicate that since operationalisation of the OSBP early this year, the average time to cross the Busia border has reduced by 84%.
TMEA CEO Frank Matsaert, said, “The completion and operationalisation of the Busia OSBP is a crucial milestone in increasing access to markets and the facilitation of the movement of cargo along the Northern Corridor. When initially investing $12 million with our donors, the United Kingdom and Canada, greater access to markets, increased efficiency that would reduce costs by reducing time and improved infrastructure were just a few of our end goals. Ultimately, our projects in physical infrastructure and automation of key government trade processes like customs, have complemented each other to reduce the cost of doing business and boost trade volumes, increasing both Kenya’s and Uganda’s overall trade competitiveness. Most importantly, they have contributed to governments being businesses being able to expand thus creating jobs.”
TMEA through its donors and in partnership with the East Africa Community has since 2010 to date supported 15 OSBPs in East Africa including South Sudan and has invested about US$117 million in OSBPs and access roads. They are: Kenya and Uganda’s Busia/Busia, Kenya and Uganda’s Malaba/Malaba, Rwanda and Uganda’s Kagitumba/Mirama Hills, Tanzania and Uganda’s Busia border happens to be one of the busiest in East Africa handling transit to and from Great Lakes region of Rwanda, Burundi, DRC and South Sudan. Based on recent TMEA independent Time and Traffic Survey, total weekly traffic count Busia Kenya is 3324 vehicles and 1784 for Busia Uganda. Most importantly, this border handles the largest number of informal cross border traders in the EAC.
Mutukula/Mutukula, Kenya and Tanzania’s Holili/Taveta, South Sudan and Uganda Nimule/Elegu, Burundi and Tanzania’s Kobero/Kabanga and lastly Tunduma on the Tanzanian side.
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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
OR
Nelson Karanja, Ag Communications Director, TradeMark East Africa Tel: +254 731 500596; Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
About TradeMark East Africa TradeMark East Africa (TMEA) is an aid-for-trade organisation that was established with the aim of growing prosperity in East Africa through increased trade. TMEA operates on a not-for-profit basis and is funded by the development agencies of the following countries: Belgium, Canada, Denmark, Finland, the Netherlands, UK, and USA. TMEA works closely with East African Community (EAC) institutions, national governments, the private sector and civil society organisations.
TMEA seeks to increase trade by unlocking economic potential through three strategic objectives: • Increasing physical access to markets; • Enhancing trade environment; and • Improving business competitiveness. Increased trade contributes to stronger economic growth, a reduction in poverty and subsequently greater prosperity.
TMEA has its headquarters in Nairobi with offices in Arusha, Bujumbura, Dar es Salaam, Juba, Kampala and Kigali. To find out more, please visit the TMEA website at www.trademarkea.com
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 Community Headquarters, Arusha, 21st February, 2018:
East African Community Partner States will maintain high budgetary allocations geared towards financing infrastructure development within their national borders.
Hon. Monica Azuba Ntege, Uganda’s Minister for Works and Transport, and the Chairperson of the EAC Sectoral Council of Ministers for Transport, Communications and Metereology said that the ongoing infrastructure development projects were meant to interlink the Partner States and create a strong Common Market in the region with sights on the Tripartite Grand Free Trade Area.
Hon. Ntege said that the development of efficient, interlinked and modern infrastructure and energy systems will positively impact on trade, movement of persons, industrialization, value chains, employment, investments that would prepare the regional economies for socio-economic take-off.
Hon. Ntege was speaking during the opening session of the Infrastructure Roundtable on Day One of the EAC Heads of State Joint Retreat on Infrastructure and Health Financing and Development at the Speke Resort Munyonyo in Kampala, Uganda.
Hon. Ntege disclosed that in their previous three Retreats focusing on Infrastructure Development and Financing the Heads of State had prioritized for implementation a total of 72 projects, split into 286 sub-projects over a 10-year period, ending in 2025.
“The projects span roads, railways, maritime ports, inland waterways, electrical power generation and transmission, and oil and gas infrastructure,” she said.
The Minister said that upon the full implementation of the prioritized projects, the region will among other things have improved 7600 km of road surface, laid 4000 km of standard gauge railways, and increased the combined installed capacity of electrical power generation from 4245 MW to 6734 MW.
“We also hope to have constructed 3000 km of oil pipeline and an oil refinery, and (v) enhanced the performances of Mombasa and Dar es Salaam seaports and opened up new maritime and inland ports,” she said.
On road safety, Hon. Ntege said that East Africa had worrying statistics in terms of road fatalities as compared to the Africa and the rest of the world.
“According to the WHO, the average rate of global road fatalities in 2015 was 17 deaths for every 100,000 inhabitants. In Europe, this figure was 9.2 while in Africa it was 26.5 and current trends show that it is rising every year. For example, compared with the 2.9 road fatality rate of the United Kingdom, the countries in East Africa have rates higher than even the African average, with Tanzania at 32.9, Rwanda at 32.1, Kenya at 29.1 and Uganda at 27.4. This means that concerted efforts need to be made both on the physical and non-physical causative factors,” she said.
“It is reassuring to note that on the side of user behaviour, the EAC has recently developed standardized curricula for the training of commercial drivers which aims at instilling virtues like courtesy, speed perception and environmental awareness skills,” she added.
The Minister, however, said that Partner States should do more to instill and sustain proper behavioural competencies on all road users, including even law enforcement personnel, adding that percentage of accidents could be attributed to poor pavement and geometric road conditions and these should be addressed through infrastructure upgrading.
Hon. Ntege urged the EAC Secretariat to expedite the adoption of harmonized standards for road design and construction, by all the Partner States as directed by the Council and provide separations between motor cycles and vehicles.
“Resources should be mobilized to support the Partner States in the area of road safety to stem the tide of unnecessary deaths on our roads and reduce pressure on our hospital bed capacities now occupied by a large number of accident injury patients,” said Hon. Ndege.
In his remarks, the EAC Deputy Secretary General for Planning and Infrastructure, Eng. Steven Mlote, said that infrastructure development was recognized as the prime mover of socio-economic development in the region and would therefore continue to receive the highest level of political support from EAC Heads of State.
Eng. Mlote said the Joint Retreat would assess the progress of implementation of previously prioritized projects and consider and approve new infrastructure projects for joint/coordinated development.
“Therefore, this roundtable avails EAC Partner States an opportunity to showcase to our development partners and potential investors the major investment opportunities in infrastructure spanning railways, ports, roads, inland waterways, energy and civil aviation sectors,” said Eng. Mlote.
A separate EAC Roundtable on investing in Health Infrastructure, systems, services and research was held at the same venue.
The two-day Joint Retreat is being held under the theme Deepening and Widening Regional Integration through Infrastructure and Health Sector Development in the EAC Partner States.
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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 Community, Kampala, Uganda, 21st February, 2018:
The Chairperson of the EAC Sectoral Council of Ministers of Health and Minister of State Health in the Republic of Uganda, Hon Sarah Opendi, has said that the region is committed to eliminate HIV/AIDs and preventable maternal and child deaths by 2030.
Hon. Opendi urged stakeholders to work diligently to build consensus in the health sector in order to build the health of the EAC population.
Hon Opendi was speaking during the official opening of the 1st EAC Roundtable on investing in Health Infrastructure, systems, services and research for the accelerated attainment of Universal Health coverage and sustainable development at the Speke Resort Munyonyo, in Kampala, Uganda.
The Minister underscored the importance of investing in health, which is the most direct route of creating wealthy nations.
“Poor health hinders our ability to realize national and global socio-economic aspiration set out in the national development plans, Common Market Protocol, the EAC vision 2050 and SDGs,” she said.
She said the roundtable comes at time when the region was still facing major challenges of emerging and re-emerging diseases which calls for increased investment in human financial and technological resources by various stakeholders
“It is my sincere hope that this roundtable dialogue shall come up with concrete proposals and build consensus on priority health infrastructure systems, services and research investments with the highest potential to accelerate progress towards Universal Health Coverage and the health related sustainable development goals,” said Hon. Opendi.
She disclosed that the EAC Partner States were currently expanding the regions capacity to deliver high quality specialized health services through EAC Regional Centre of Excellence for higher medical education and research with the support from the African Development Bank.
On his part, the EAC Deputy Secretary General in charge of the Productive and Social Sectors, Hon Christophe Bazivamo on behalf of the EAC Secretary General, Amb. Liberat Mfumukeko, underscored the importance of regional cooperation in health within the context of EAC Common Market Protocol to be buttressed on harnessing the comparative advantage of all stakeholders including Public, Private and Civil Society.
“Through collaborative actions the region will reposition health as a key driver of economic growth and contribute to the attainment of the other pillars of regional integration,” said Hon. Bazivamo.
The Deputy Secretary General informed stakeholders at the roundtable that the region had made significant progress in many areas including expanding the capacity for delivery of high quality health services, training and research with the support of development Partners such as AfDB who financed the regional Centres of Excellence to facilitate access to specialized health care and cross border health services.
Hon Bazivamo called upon the stakeholders to use roundtable discussions to consolidate regional partnership in order to strengthen the health sector based on priorities identified by the region.
The 1st EAC Roundtable on investing in Health Infrastructure, system, services and research for the accelerated attainment of Universal Health coverage and sustainable development is being attended by among others, all the Ministers in charge of Health from the EAC Partner States, Permanent /Principal Secretaries and Senior Officials from government institutions and agencies.
The Joint Retreat is aimed at giving impetus to infrastructure and health development by way of harnessing political support for regional flagship projects, funding commitments, and Public-Private Partnerships arrangements.
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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 Community Headquarters, Arusha, 16th February, 2018: Preparations are in high gear for the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development scheduled for 21st - 22nd February, 2018 at Speke Resort, Munyonyo, in Kampala, Uganda, EAC Secretary General Amb. Liberat Mfumukeko has said.
Amb Mfumukeko was speaking at the press conference held at the EAC Headquarters to update media on the upcoming Joint EAC Heads of State Retreat as well as 19th Ordinary Summit of the EAC Heads of State which will also be held in Kampala.
Amb. Mfumukeko said the joint Heads of State Retreat themed “Deepening and widening regional integration through Infrastructure and Health Sector Development in the EAC Partner States’’is aimed at accelerating the attainment of the objectives of the EAC Development Strategy, African Union Agenda 2063 and the Sustainable Development Goals in the infrastructure and health sectors in the EAC.
He said the joint Retreat is expected to give impetus to infrastructure and health development by way of harnessing political support for regional flagship projects, funding commitments, and Public-Private Partnerships arrangements.
Amb Mfumukeko said that the EAC had identified infrastructure development and health as sectors in which it would have to invest massive resources to spur economic growth and prosperity in East Africa.
“Let me assure you that EAC Investment in Infrastructure projects and Health development continues to receive the utmost political attention by none other than EAC Heads of States,’’ said the Secretary General.
Amb Mfumukeko said the retreat would be preceded by separate infrastructure and health sector investors’ and donors’ round-tables on 21st February 2018, Ministerial Session of the 36th Meeting of the Council of Ministers and the Ministerial Session of the 35th Extra-Ordinary Meeting of the Council.
He further disclosed that the 4th Joint Retreat Programme will include an International Infrastructure and Health Sector Exhibition that will run from 21st to 22nd February, 2018. The Exhibition will provide a platform for players in the Infrastructure and Health sectors to showcase new products and services as well as exhibit the latest advances in research and innovation.
On the participation of the EAC Head of States, Secretary General confirmed to the media that all the EAC Heads of State will attend the Joint Retreat on 22nd February and 19th Ordinary Summit on 23rd February, 2018.
At the press conference the EAC Secretary General was accompanied by Deputy Secretary General in charge of Planning and Infrastructure Eng. Steven Mlote.
For more information on participation, registration and exhibition fees requirements, please go through the retreat website: www.eacihr17.eac.int
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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, 16th February 2018:
The Appellate Division dismissed an Appeal filed by one Castro Pius from the United Republic of Tanzania, whose Application seeking for an injunction to stop the Partner States which had not signed the European Partnership Agreement (EPA) not to sign the same and those who had signed, to stop them from carrying out any further procedures and processes.
On 6th July 2017, the First Instance Division declined to grant the orders as sought by the Applicant which led the Applicant to the Appellate Division for appeal.
Court in its order said that, before the session resumed it received a communication from the Appellant between him and his hotel to the effect that his agent was indisposed and will not be able to take up the hotel booking and that the copy of the communication be made available to the Appeals desk (Court) with the view that they can set another sitting day. That the Doctor’s letter granting five (5) days bed rest was also attached.
Court further said that, with the attention of the Counsels for the Respondents on the said communication, all Counsel took a common position was not in a sense a proper communication for adjournment as it was not addressed to Court, neither to the was it copied to the Respondents. That they accordingly asked that the Appeal be dismissed under Rule 1(2) of the EACJ Rules of Procedure.
In its order also said that, “We are persuaded by the Respondents argument that the Appellant’s conduct in seeking to communicate through the hotel is disrespectful attitude conduct in this Court as it amounts to the abuse to the Court process” Justice Ringera read. In addition Court said that, “We are convinced that the Appellants conduct also manifests disrespect in the appeal” Court said. We accordingly grant the prayers of the Respondents and order that this Appeal be dismissed and costs awarded to the Respondents who attended Court today. These were Representative of the Attorneys General from the Republics of Kenya, Rwanda, Uganda and the Secretary General of the East African Community present in Court.
The Court also said that the matter was fixed today for scheduling and all the Parties were duly notified, but when the Court convened, the Appellant was absent and so was the Attorneys General of the Republic of Burundi, South Sudan and United Republic of Tanzania. However, the Court had received an official communication from Burundi of their inability to appear.
The Respondents’ earlier arguments also were that, failure by the Appellant to address the adjournment request to the Court was un procedural and inappropriate hence taking Court for granted and disrespectful. Further Counsels for the Respondents argued that failure by the Appellant to officially communicate to the Court and to the Individual States his request for adjournment shows lack of interest in the Appeal hence asked Court to dismiss it. Hence the appeal was dismissed.
Present in Court to receive the Ruling were the Representatives of the 2nd Respondent (Kenya) represented by Mr. Kepha Onyiso Senior, Principal State Counsel, with Ms. Jenifer Gitiri, Senior State Counsel, Mr. Karemera George with Ms. Kabibi Specioza both Senior State Attorneys 3rd Respondent,(Rwanda), Mr. Elisha Bafirawara, Principal State Attorney with Ms. Cheptoris Sylvia state Attorney & Akello Suzan Apita bothe State Attorneys for the 6th Respondent (Uganda) and the 7th Respondent Secretary General represented by Ms. Florence Ochago Principal Legal Officer with Mr. Denis Kibirige Principal Legislative Draftsman. The Republics of Burundi (1st Respondent), South Sudan (4th Respondent) and the United Republic of Tanzania (5th Respondent) were not represented in Court.
The order of the Court was read by Hon. Justice Aaron Ringera with other Honourable Justices of the Appellate Division in open Court.
Notes for editors:
Brief on the previous ruling of the Court.
The Court stated that in view of the decision of the 18th Summit of Heads of States held in Dar-es-Salaam on 20th May 2017 stating that the remaining Partner States that had not signed the EPA were not in a position to do so pending clarification of the issues they had indentified in the Agreement. That it appears that there is no harm to the Applicant if the injunctive order sought is not granted.
The Court went ahead and said that the Applicant failed to clarify the alleged procedures and processes had to be restrained in regard to Partner States which had already signed the Agreement that is Rwanda and Kenya, Kenya having even ratified it.
The Court also added that as far as the status of the EPA process is concerned, negotiations on the Agreement were finished in October 2014 and the same was initialled by all EAC Partner States at the time and thereafter, the signing of the EPA was considered by the Sectoral Council on Trade, Industry, Finance and Investment, which directed the Secretary General of the Community (the 7th respondent) to liaise with the EU in order to organize the signing ceremony of the EPA.
The Court further declined to grant the order sought by the Applicant, directing the Secretary General (7th Respondent) to withdraw forthwith from any negotiations initiated with the EU in view of the 17th Extra-ordinary Summit decision aforesaid until a final decision on the Reference is delivered. The Court said that, the EPA negotiations were concluded in October 2014 and therefore, such an order cannot be granted as the negotiation phase is now closed.
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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, Juba, South Sudan: February 15th 2018:
President of the Republic of South Sudan, H.E Gen Salva Kiir Mayardit received the Speaker of EALA, Rt Hon Ngoga K. Martin in the Presidential Palace in Juba.
President Salva Kiir re-affirmed his Government’s commitment to the revitalization talks in Addis Ababa, Ethiopia saying peace and stability were the essence and cornerstone of development. The discussions further centered on strengthening of the bloc and how the Republic of South Sudan can accrue benefits of the integration process.
On his part, Rt Hon Martin Ngoga said the EALA was closely monitoring the peace talks, urging all sides to put the interests of the country first. The Speaker reiterated the regional Assembly’s moral support to the Republic of South Sudan as the Addis talks continue.
He remarked that EALA would at an appropriate occasion hold its Sittings in the country as part of its rotational principle and was keen to sensitise the citizens of the country on the benefits of integration. “We look forward to this, Your Excellency. My counterpart (Rt Hon Anthony Makana) and I are already in discussions on the same”, Rt Hon Ngoga said.
In attendance was the Speaker of the Transitional National Legislative Assembly of South Sudan, Rt Hon Anthony Makana, EALA Members, Hon Thomas Gatkek Dut and Hon Kim Gai and the Minister for Industry, Trade and EAC Affairs, Republic of South Sudan, Hon Moses H.A. Tiel.
Earlier on, the EALA Speaker also paid a brief courtesy call on the 2nd Vice President, H.E Gen James Wani Igga in the Office of the Vice President.Rt Hon Ngoga concluded his three-day tour of duty that included courtesy calls on the 1st Vice President, Lt. Gen Taban Deng Gai, the Minister for Industry, Trade and EAC Affairs, Hon Moses H.A. Tiel, Rt Hon Joseph Chan, Speaker of the Council of States and Rt Hon Anthony Makana, Speaker of the Transitional National Legislative Assembly of South Sudan.
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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 Court of Justice Arusha, 15 February 2018:
The Appellate Division on 13th February, heard an Appeal by Hon. Margaret Nantongo Zziwa Vs the Secretary General over the decision of the First Instance Division (Lower Court), which declined to grant the orders to reinstate her as the Speaker of East African Legislative Assembly (EALA).
On 3rd February 2017, the First Instance Division 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”
The Lower 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.
However, on the other hand the Lower 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 First Instance Division 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”
In her Appeal Hon. Zziwa represented by Counsels Jet Tumwebaze challenging the decision of the First Instance Division, submitted that the Court having found that there was breach of the Treaty, it could not have held its hands and claim that role was only to interpret the Treaty and had no mandate to make any orders as to remedy that breach.
Mr. Tumwebaze further argued that Article 23 of the Treaty on the role of the Court does not stop on interpretation of the Treaty but also talks of application and compliance of the Treaty. He added that the Lower Court should have gone ahead to remedy the violation they had found.
Counsel Tumwebaze also submitted that principle of democracy and rule of law which includes separation of powers held by the Court, he stated that the Lower Court was running away from its mandate. That the separation of powers cannot strike out the principle of checks and balances. Tumwebaze went ahead and said that, “You cannot allow EALA which has violated the Treaty and say let them handle their own motion to go and ensure compliance” Tumwebaze said.
He also argued that Article 27 of the Treaty has the same reading, that the Court on the jurisdiction of the Court over the interpretation and application of the Treaty. It is the Appellant’s contention that those two Articles 23 and 27 of the Treaty should have enlarged the mandate of the Court to grant the orders after finding the violations. He therefore asked the Appellate Court to overturn the decision of the First Instance Division.
On the decision where the Court held that the Hon.Zziwa (Appellant) had breached Rule 9(6) of the Assembly’s Rules of procedure. Counsel Tumwebaze contended that, this was not an issue in the Applicant’s petition for determination, and was not even born out pleadings and that no evidence laid by the parties. He therefore said that, the Court could not have determined the same issue.
Counsel, further submitted that the same issue on breach of Rule 9(6) by the Appellant was used by the Lower Court to deny the Applicant costs, being his argument that the Court’s findings were wrong. The First Instance in its decision said that that her conduct is the reason why the Court denied awarding her damages and costs. Mr. Tumwebaze therefore urged the Appellate Court to use its discretion and award the Appellant costs in both Courts. He emphasized that Article 23, 27 and 6(d) empowers the Court to give remedies that are prayed for.
The Respondent’s submission represented by Mr. Agaba Stephen, on his part submitted that, this matter is already moot on two reasons; one, that reinstatement of the Appellant as the EALA Speaker, it was his contention that the remedy is no longer available. Two, that the case is about money, he also stated that the Appellant does not deserve any compensation in form money.
Mr. Agaba further said that Article 56 provides on the presiding in the Assembly, which First Instance Division found that under Article 56 of the Treaty, the Assembly did errors in attempting electing the temporary Speaker. He however argued that the Lower Court was right not to reinstate the Appellant because her removal corresponds with the Treaty Provisions under Article 53 which provides on the elections of the Speaker and remove from the office of the Speaker. He also added that the lower Court held that it was satisfied on several grounds which correspond to the grounds of misconduct envisaged under Article 53 of the Treaty.
Counsel also submitted on the principle of checks and balance, arguing that the First Instance Division to have found that the Assembly had breached Article 56 of the Treaty in regard to presiding the Assembly was enough checks and balances but not that the Court was powerless as argued by the Appellant. He stated that the Court did its functions to check the functions of the Assembly as they read the Treaty.
On the issue of not awarding damages and costs to the Appellant, Agaba contended that, Hon. Zziwa from the time she was removed from the office of the Speaker, that she continued to draw the salary from the Assembly. That she also continued to get allowances entitled to all Members of the Assembly including travel, daily substance and sitting allowances. Mr. Agaba submitted that, the Justices of the First Instance Division did not abuse their discretion not to award the Appellant costs of the Reference because they had established that grounds used by the Assembly to remove her were in line with the Treaty
Agaba also contended that, the Lower Court did not error in holding that the Appellant breached Rule 9(6) because evidence was laid in his submissions and also in her utterance confirming that the Speaker in respect of whom the proceedings on removal have commenced shall not preside over the proceedings. He also emphasized that the issue was also pleaded hence opposed the argument of the Appellant that the issue was not in their petition for determination by the Court.
In conclusion, Counsel for the Respondent he requested the Appellate Court to dismiss the Appeal and make other orders as the Court may deem fit.
The matter came before Honourable Justices, Dr. Emmanuel Ugirashebuja (President), Liboire Nkurunziza (Vice President), Edward M. Rutakangwa, Aaron Ringera, and Geoffrey Kiryabwire all of the Appellate Division. The Court will deliver its judgement on notice.
Notes for editors:
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. Hon. Zziwa was the elected Speaker of the EALA in 2014 but after her impeachment on 19th December 2014, the then Assembly elected Hon. Daniel Kidega former Speaker of EALA then who retired. The Current EALA Speaker is Rt. Hon Martin Ngoga.
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 Headquarters, Arusha, Tanzania: 13th February 2018:
Uganda will be hosting the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development themed Deepening and widening regional integration through Infrastructure and Health Sector Development in the EAC Partner States, from 21st and 22nd February, 2018, and the 19th Ordinary Summit of the EAC Heads of State Summit themed Enhancing Socio-Economic Development for deeper Integration of the Community, on Friday 23rdFebruary 2018
Media Alert/Accreditation
All Local and Foreign Journalists intending to cover these two High Level Meetings of the EAC are alerted that the Accreditation Process will commence on 15th to 21st February 2018 for Local Participants/Journalists at the Imperial Royale Hotel and from 21st to 22nd February 2018 for Foreign Delegates/Journalists at Speke Resort Munyonyo in Kampala, Uganda.
Journalists from the other EAC Partner States (Tanzania, Kenya, Rwanda, Burundi and South Sudan) are required to scan and submit to: This email address is being protected from spambots. You need JavaScript enabled to view it.;This email address is being protected from spambots. You need JavaScript enabled to view it.; and copy This email address is being protected from spambots. You need JavaScript enabled to view it.; the following:
(i) 1 passport size photo,
(ii) a copy of the bio-data page of their passport, and
(iii) a letter from the Employer assigning one to cover the events in Kampala, Uganda.
For more information please contact:
Ms. Emma Were Tinka, Public Affairs Manager, Uganda Media Centre, Telephone: +256 41237 141/2; +256 776 932 111,and email: This email address is being protected from spambots. You need JavaScript enabled to view it.;
OR
Owora Richard Othieno, Head of Department; Corporate Communications and Public Affairs; Tel: +255 784 835021; +256 754 473 574 and Email: This email address is being protected from spambots. You need JavaScript enabled to view it.;
Corporate Communications and Public Affairs Department, EAC Secretariat, Arusha, Tanzania http://www.eac.int
