East African Community Secretariat, Arusha, Tanzania, 14th June, 2018: East African Community Secretary General Amb. Liberat Mfumukeko has underscored the role of Science, Technology and Innovations (STI) in transforming East Africa countries from largely agro-based economies into competitive industrialized ones.
Amb. Mfumukeko said that the six EAC Partner States have great capacity to create wealth for their citizens by harnessing STI to attain industrial development.
Amb. Mfumukeko said it was worrying that the region was at the moment consuming goods that were manufactured elsewhere, adding that by doing this it was exporting jobs and revenues that would ordinarily have benefited EAC citizens.
The Secretary General further noted that innovators in the region have little or no assistance from governments and other stakeholders in STI to transform their ideas into products and services.
He said that to address these and other challenges to industrialization in East Africa, the EAC had put in place the East African Science and Technology Commission (EASTECO), an institution of the EAC that would push for the promotion of STI throughout the region.
Amb. Mfumukeko said that it was by promoting a culture of innovations that the region would be able to make its industrial and service sectors more productive and competitive.
The SG was speaking when he toured the EASTECO Headquarters in Kigali, Rwanda.
The SG disclosed that more than 50 per cent of the EAC population consisted of well-educated youth in need of jobs, adding that the Community would therefore work with all stakeholders to promote innovations and singled out the private sector that he described as the main creator of employment in the world today.
In her remarks, the Executive Secretary of EASTECO, Ms. Gertrude Ngabirano, said it was unfortunate that East Africa was still exporting raw materials to industrialized nations and in turn importing goods manufactured from the same raw material at prices 10 times higher than the value of its exports.
Ms. Ngabirano said the onus was on the region to reverse this trend by using technology to produce more and add value to its raw materials.
The ES said that countries that had the capacity to innovate were the only ones with greater potential to grow their economies. She said EAC countries could harness synergies in STI with each specializing in different sectors.
Also present at the function was the Deputy Executive Secretary of EASTECO, Dr. Saidi Kibeya.
Amb. Mfumukeko later toured the Lake Victoria Water and Sanitation (LVWATSAN) projects in Nyanza district, 90km south of Kigali.
Five EAC Partner States namely Burundi, Kenya, Rwanda, Uganda and Tanzania received US$25 million each through to implement water supply and sanitation projects.
Among the projects the SG toured were the LVWATSAN water intake and supply projects that provide clean drinking water to the 48,000 residents of Nyanza town and its environs.
The local residents said the project had transformed the lives and spurred economic activity in the town.
Accompanying the SG on the tour were Governor of Rwanda’s Southern Province Governor, Ms. Marie Rose Mureshyankwano, the Mayor of Nyanza District, Hon. Ntazinda Erasme, and Ms. Gisele Umuhumuza, the Deputy CEO (Water and Sanitation Services) at the Nyanza Water and Sanitation Company.
NOTES TO EDITORS:
The East African Science and Technology (EASTECO) is an institution of the EAC whose mandate is to promote cooperation in the development of science and technology within the Community. EASTECO’s specific objectives include among other things: Regional Science, Technology and Innovation (STI) policy formulation; Joint development and application of science and technology, and; promotion of regiona research centres of excellence.
Lake Victoria Water Supply and Sanitation (LVWATSAN II) Project is a programme of the EAC, coordinated by the Lake Victoria Basin Commission (LVBC) and implemented in 15 towns within five Partner States of the Community. The African Development Bank (AfDB) and the EAC Partner States are the financiers of the programme.
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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, 11th June 2018: The East African Court of Justice First Instance Division on 11th June 2018 heard the matter instituted by Ismail Dabule on his behalf and on behalf of 1004 other Ugandan residents against the Attorney General of the Republic of Uganda, sued on behalf of the Government.
Counsel for the Applicants submitted that, the matter was filed within the two months time limit required under Article 30(2) of the Treaty Establishing the East African Community. Counsel argued that, the gist of the case is based on alleged refusal by the Minister of Finance of the Government of Uganda to release the Applicants unfrozen funds after the decisions of the Constitutional and Supreme Court of Uganda respectively clarified that there is no law in place freezing the Applicants accounts and thus the Applicants were free to access their bank accounts. Counsel argued that, on 5th August 2016 the Applicants wrote a letter to the aforesaid Minister demanding for release of their funds and the letter was received by the Minister on 6th August 2016. In the letter the Applicants stated, if no response is made to their final demand in the letter, the Applicants shall consider the silence as refusal by the Government to release the aforesaid alleged unfrozen funds. On this basis, Counsel argued that the two months time limitation began to run from 6th August 2016 when the Applicants did not receive any response from the Minister of Finance with regard to the letter.
Counsel for the Applicants further argued, after the Constitutional and Supreme Court of Uganda have clarified as to whether or not there was a law freezing the Applicants accounts, the action of the Government of Uganda refusing to release the money without any justification is what the Applicants consider a violation of Articles 6(d) & 7(2) of the Treaty, the right to property under Article 14 of the African Charter on Human and Peoples' Rights as well as Article 26 of Ugandan Constitution. Further argued, Uganda being a member of the Treaty, is bound to adhere to the rule of law and good governance. Thus, refusing to release the Applicants money even after the aforesaid decisions of Constitutional and Supreme Court of Uganda is a breach of Articles 6(d) & 7(2) of the Treaty in relation to the principles of good governance, rule of law and promotion and protection of human rights.
Further argued that, in the aforesaid letter dated 5th August 2016 the Applicants requested for information in regard to their accounts held by the Bank of Uganda to determine the position and amounts available. However, the Minister of Finance refused as well to provide the Applicants with the aforementioned documents. The refusal by the Minister of Finance to provide the Applicants with the documents and account balances in relation to their frozen accounts is also a violation of Article 6(d) and 7(2) of the Treaty as well as Article 41 of Uganda Constitution which enjoys citizens the right to information.
Further, the continued refusal by the Government of Uganda to release the Applicants funds without bring them to Court as to why their money is held is a violation of Article 28(1) of the Constitution of Uganda which requires in determination of any civil rights and obligations or any criminal charge a person shall be entitled to a fair, speedy and public hearing before an impartial tribunal established by law. It is the Applicants contention that the Government continued refusal without saying anything amount to torture which is restricted under Article 44 A as well as Article 24 of the Constitution of Uganda.
Counsel pray that the Court declares the above actions of the Government of Uganda as a violation of the Treaty and order the Government of Uganda to comply with the Treaty as well as grant the Applicants cost incidental to the case.
The Respondent on their part argued that, the case has been filed out of the time limitation period required under the Treaty and no exception is provided under the Treaty on the requirement. It is the Respondent submission that, the time for the Applicants to institute the case started far back from 2004 when they instituted a Civil suit before the High Court in Kampala, Uganda and the same was dismissed on 31st October 2013 for being time barred, a decision which was not appealed against. on this basis the matter is time barred and should be strike out with cost.
Further, Counsel for the Applicant did not point out which Court decision clarified the right of the Applicants to access their unfrozen funds. The Supreme Court of Uganda only offered guidance to the Applicants to submit their claims before any ordinary Court for investigation and redress. The Supreme Court did not declare the right of the Applicants to be paid their frozen money.
Moreover, no Judgement or decision from any Ugandan Court that have declared the rights of the Applicants to have access to their frozen accounts. Further, Applicants never filed any suit before any Court of Uganda to substantially investigate and concussively make a determination of the Applicants alleged rights of having access to their frozen accounts. That it is not true that time for the filing of the matter started when Court made a determination that they have a right to access their accounts. The Respondent however brought to the Court attention that there is a pending matter in this respect before the High Court of Uganda (Civil Suit No. 300 of 2015) between the Applicants, Bank of Uganda and the Respondent which have not been heard and neither finally determined. To the Respondent surprise the Applicants went ahead to file the present matter before this Court. The Applicants submission that the Respondent has failed to release the frozen funds after the alleged clarification by the Constitutional and Supreme Court is not tenable and a misrepresentation as no Court have substantively adjudicated upon the alleged Applicants rights.
The Respondent therefore contended among other things that they are not in violation of the Treaty provisions and the Applicants attempts of pursuing the same matter in the High Court of Uganda and in this Court is an abuse of the Court process. The Respondent submitted that the Applicants are not entitled to any remedy and finally invited the Court to invoke its inherent powers and strike the Reference.
Court will deliver its judgement on notice.
Applicants were represented by Counsel Omongole Richard while Ojiambo Bichachi and Esther Nyangoma appeared for the Respondent.
The First Instance Division bench was composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Honourable Justice Dr. Faustin Ntezilyayo , Honourable Justice Fakihi A. Jundu, Honourable Justice Audace Ngiye and Honourable Jusitce Dr Charles O. Nyawello.
Note for Editors:
Articles 6(d) provides on; Fundamental Principles of the Community
The fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include:
(d) good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;
Article 7 : Operational Principles of the Community
The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights
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For more information, please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: +255 27 2162149 mail: Okubo [at] eachq.org www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
East African Community Secretariat, Arusha, Tanzania, 11 June, 2018:
The EAC region is taking action to prevent future outbreaks of infectious diseases by strengthening its response capacity, supporting Partner States in their pandemic preparedness measures and preparing to test its readiness in practice. These efforts are in line with a new World Health Organization (WHO) guidance document that lists 5 out of the 6 East African Community (EAC) Partner States as priority countries regarding the risk of a spread of the Ebola Virus Disease (EVD) from the Democratic Republic of the Congo (DRC).
In its “Regional Strategic EVD Readiness Preparedness Plan”, WHO ranked Burundi, Rwanda, South Sudan and Tanzania as priority 2 and Uganda as priority 3 countries. The ratings are determined based on the countries’ proximity to DRC and the capacity of their health systems to cope with an Ebola outbreak. EAC Partner States share borders with the DRC, maintain direct flights and close trade relations and there is high border traffic. These factors have caused the EAC to be on high alert, and Partner States are implementing extensive readiness measures. To date, no cases of Ebola have been detected in the EAC region.
EAC preventive activities cover key technical areas listed in WHO’s new EVD Readiness Plan, such as multi-sectoral coordination, risk communications, social mobilisation and community engagement. The EAC has a regional contingency plan in place that reflects the multi-disciplinary One Health disease management approach and is currently developing Standard Operating Procedures (SOPs) to translate the plan into action. The plan considers important lessons learned from East African experts who fought Ebola in West Africa. One of these lessons is that risk and crisis communication together with community engagement was a “game changer” in the response. Consequently, the EAC Secretariat together with the Partner States is currently developing a regional risk and crisis communication strategy and related SOPs.
Standard operating procedures will also be developed as a first step towards establishing a regional pool of rapidly deployable experts that build on the experience gathered in West Africa. The pool is expected to complement national rapid response teams during future outbreaks. A core team of multi-disciplinary experts will receive training in risk and crisis communication, and another core team will be trained as regional trainers in rapid risk assessment.
To test the successful implementation of the mentioned strategies, the functionality of the SOPs and the region’s improved capacities, the EAC together with the Partner States is preparing to conduct cross-border simulation exercises. They will also offer a unique opportunity to reveal the gaps that still need to be closed in joint efforts.
On behalf of the German Government, the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH through the “Support to Pandemic Preparedness in the EAC Region” project amongst other development partners supports the EAC Secretariat in its endeavour to strengthen its advisory and coordinating role for the Partner States in pandemic preparedness.
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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 EAC Secretariat is ISO 9001:2008 Certified
Othieno Richard Owora
Principle Corporate and Communications Officer
East African Community Secretariat
Tel: +255 27 2162 100
Email: 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.
East African Court of Justice Arusha, 11th June 2018: The East African Court of Justice has organized a three-day sensitization workshop for the Judges of the National Courts, State Attorneys and the Members of the Bar Association (Uganda Law Society) on the role of the Court in advancement of the East African Community integration agenda.
The workshop will be officiated by the Chief Justice of the Republic of Uganda, Justice Bart Katurebe on 13th June 2018, at the Judicial Studies Institute Nakawa.
During the workshop, there will be a number of paper presentations on the role of the judiciaries in East Africa in the integration process and the relationship of EACJ with National Courts, a paper that will be presented by the President of the Court (EACJ), Hon Justice Dr Emmanuel Ugirashebuja. Also, there will be a paper on the legal and Judicial framework of EAC and EACJ which will be presented by the Hon Justice Dr Charles Oyo Nyawello, the Jurisprudence of the Appellate Division done by Justice Geoffrey Mupere Kiryabwire of the EACJ Appellate Division as well as Justice of the Court of Appeal of Uganda. Justice Kiryabwire will also deliver a paper on the role of ICT in efficiency administration of Justice at the EACJ. Lastly there will be a paper on the jurisprudence of the EACJ First Instance Division and judicial responsibilities by the Deputy Registrar Her Worship Ms Geraldine Umugwaneza and the Research Officer of the Court.
The Court has held the same sensitizations in some of the Partner States like the Republic of South Sudan, Burundi and now Uganda and after will proceed to Rwanda and then later in Dar Es Salaam and Nairobi Kenya.
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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: 12 June, 2018:The EALA Sittings have ended in Nairobi. Prior to adjournment, a Resolution moved by Hon Jean Claude Barimuyabo urging Partner States to ensure elections of youth to EALA and National Assemblies was withdrawn. This followed debate where majority of Members urged the mover of the Resolution to synchronise the same with the pending bill on Youth (EAC Youth Council Bill, 2017) currently before the House.
Hon Barimuyabo in his resolution had urged the EAC Partner States to allocate special slots for the youth in the election of Members of National Assemblies. The Member was concerned that neither the Treaty for the Establishment of the EAC nor the East African Legislative Assembly Election Act, 2011 in their current form provide for special slots for the youth to ensure that they are elected to the regional Assembly;
“Theyouth constitute 63% of the total population of the East African Community and as such it is important to have the representation of this sizeable percentage of the population at the East African Legislative Assembly and National Assemblies”, Hon Barimuyabo said.
However, during debate Hon Dr Abdallah Makame rallied for all special interest groups to be included in a Bill for more inclusivity while Hon Paul Musamali said the resolution could go a long way in enriching the pending Bill before the House.
Hon. Dr Maghembe remarked the Treaty under Article 51 provides for how Members and other special groups are elected to the House and suggested the need in future to increase number of slots in order to allow all the special groups to be represented.
Hon Mary Mugyenyi termed youth as very capable and urged them to compete for the available slots. Others who contributed to the debate were Hon Gideon Gatpan, Hon Sophie Nsavyimana, Hon Fancy Nkuhi, Hon Dr Gabriel Alaak and Hon Mathias Kasamba.
The EAC Youth Council Bill, 2017 moved by Hon Susan Nakawuki, is premised on Article 120 of the EAC Treaty and seeks to implement the EAC Youth Policy 2014 which is an integral part of the 4th EAC Development Strategy 2011/2012 – 2015/2016. The Bill recognises that Partner States have diverse laws and policies regarding the youth in their territories. The Bill which sailed through the First Reading of the Assembly in May 2017 attempts to uniformalise the laws and regulations pertaining to youth in the Community.
Meanwhile, the Assembly has adjourned and is proceeding on recess. All Committees shall however continue with planning of their annual plans for the Financial Year 2018/2019 until Thursday this week. The activities are expected to be the basis for the Planning Meeting for the next Financial Year at a date to be communicated.
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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 Community Headquarters, Arusha, Tanzania, 11th June 2018:
A four-day High Level Retreat themed Reflections on Experiences, Best Practices and Lessons Learned in Mediation, Negotiation and Dialogue Processes organized by the East African Community Secretariat kicks off from 12th to 15th June 2018, in Mombasa, Kenya.
The Retreat is part of EAC’s initiative to encourage a culture of reflective practice in mediation, negotiation and dialogue for resolving conflicts and restoration of sustainable peace and stability in the region.
Commenting ahead of the Retreat, the EAC Deputy Secretary General in charge of Political Federation, Mr. Charles Njoroge said “convening of the Retreat falls in line with the goal of strengthening the capacity of EAC Partner States officials and the Secretariat staff in mediation and preventive diplomacy, and is therefore a key component of the bloc's strategy to advance its peace and security agenda”.
He added that “Through this Retreat, it is envisaged that the EAC will contribute to a corpus of effectively qualified and well-informed Partner States’ and Secretariat officials who demonstrably understand mediation, negotiation and dialogue processes, and learn from past and current lessons to strengthen EAC's interventions.
Participants expected at the capacity building retreat include officials and Experts involved in mediation, negotiation and facilitation processes and researchers within the region, EAC Partner States delegates previously trained in mediation including Eminent Persons; representatives from the Civil Society, Private Sector, Inter-Religious Council, EAC Youth Ambassadors; and Representatives from the UN, AU/RECs and EU involved in mediation, negotiation, dialogue, conflict resolution and peace building initiatives, among others.
Notes to Editors
The East African Community (EAC) seeks to promote sustainable economic growth and socio-economic development through integration, good governance and durable peace and security. Its vision is one of a common feature in a regional community that will ensure economic well-being, improvement of the standards of living and quality of life, freedom and social justice and peace and security for the peoples of East Africa.
Almost two decades since the coming into force of the Treaty for the Establishment of the East African Community (EAC), significant achievements have been made toward the realization of the goal of regional integration and the ultimate objective of political federation. Among others, the Establishment of the Customs Union, the Common Market, the signature of the Protocol for the Establishment of the Monetary Union, the adoption of a Strategy on Regional Peace and Security, the signature of a Protocol on Peace and Security, the adoption of a Counter-terrorism Strategy, the adoption of a Conflict Prevention Management and Resolution and an Early Warning Mechanisms, as well as the efforts leading to the establishment of EAC Political Federation are some of the key achievements.
However, progress in the region towards these objectives continues to be inhibited by persistent peace and security challenges, most of which exhibit a significant transnational dimension. These complex threats include violent and radical extremism, terrorism, identity and resource-based violent conflicts, governance challenges, intra and inter-state disputes, proliferation of rebel groups/ negative forces, trans-national and cross-border crimes, genocidal ideologies, human and drugs trafficking and poaching, among others.
These and many other challenges affecting the EAC region impinge on peace and security which according to Article 124 of the EAC Treaty is “a prerequisite to the achievement of the objectives of the Community”. They also stand in the way to regional social-economic and political progress. To this effect, the Revised EAC Strategy on Regional Peace and Security under Goal 14 “Operationalise the East African Community Conflict Prevention, Management and Resolution Mechanism” calls for the development of capacities to anticipate, mediate, negotiate and mitigate disputes and conflicts.
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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, Tanzania, 11th June 2018:
The 11th meeting of the Sectoral Council on Agriculture and Food Security (SCAFS) is taking place from 11th to 16th June 2018 at the EAC Headquarters in Arusha, Tanzania. The SCAFS will review the progress made in the sector in implementing Council decisions and consider other issues of regional importance in the areas of Agriculture and Food Security.
The Sectoral Council will be held through the session of Senior Officials from 11th to 13th June, 2018; Session of Permanent/Principal /Under Secretaries on 14th June; and concludes with the Ministerial Session on 15th June 2018.
Since the last meeting of the Sectoral Council held in June 2017, several activities have taken place in implementing various projects and programmes under the sector. The 11th meeting of the Sectoral Council on Agriculture and Food Security (SCAFS) will consider the following items, among others:-
Progress Report on EAC Comprehensive Africa Agricultural Development Programme (CAADP) process;
EAC Regional Project on Aflatoxin Prevention and Control;
Status of implementation of EAC Sanitary and Phytosanitary (SPS) Protocol;
Harmonization of Farm Inputs;
EAC Food and Nutrition Security Strategy and Action Plan;
Challenges and Opportunities in Rice Value Chain;
EAC-FAO Project on Promoting Youth Employment in the Agricultural Sector;
Status of Livestock and Fisheries Development; and
Resource Mobilization and Partnerships.
Meanwhile, a High Level Forum on the Inaugural Biennial Report on the Implementation of the June 2014 AU Heads of State Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared prosperity and Improved Livelihoods is scheduled to take place on 16th June, 2018, at the Mount Meru Hotel in Arusha, Tanzania. At that Forum, the Best Youth Agripreneurs in the EAC will be recognized and awarded.
The Secretariat in collaboration with FAO embarked on a programme to promote youth employment in agriculture through the technical cooperation project dubbed: Promoting Youth Employment in the Agricultural Sector in East Africa. In the month of May 2018, the Secretariat with support from FAO sent 18 youth from six Partner States to Songhai Centre in Benin for a one month’s apprenticeship intended to build their agribusiness knowledge and practical skills in various agro-enterprises. The initiative has demonstrated that when youth are equipped with the right knowledge and skills, they are likely to operate successful agribusinesses.
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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, 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.
