{UAH} The judicial challenge to the coalition of the willing at the EACJ got of to false and controversial start.
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Arusha, 20 November 2013: The EACJ First Instance Division today heard an Application filed by three (3) citizens of the United Republic of Tanzania, namely; Mr. Ally Hatibu Msanga, Mr. David Geofrey Makatha and Mr. John Adam Bwenda all of Arusha Tanzania. The applicants are seeking the Ex-parte orders against the Secretary General of the East African Community, the Republics of Kenya, Uganda and Rwanda from holding meetings in exclusion of Tanzania and Burundi pending the hearing and determination of the main case. The Applicants are also asking the Court to restrain the Respondents from consummating resolutions arrived at in their meetings of 24th-25th June 2013 in Entebbe Uganda, 28th August 2013 in Mombasa, Kenya and 28th October 2013 in Kigali, Rwanda, pending the hearing and determination of the Application of inter parties.
Court found that the Applicants had provided insufficient material for the Court to make a decision and therefore adjourned the matter to be heard in February 2014 after filing more documents and serving all the Respondents in the matter and ready for the inter-partes hearing. Court also told the Applicant to file all the necessary documents in English which is the official language of the Community since all documents in support of the matter were in the Kiswahili language and had not been translated in accordance with Article 137 of the EAC Treaty.
Rule 73. (1) Pursuant to the provisions of Article 39 of the Treaty, the Court may in any case before it upon application supported by affidavit issue interim orders or directions which it Considers necessary and desirable upon such terms as it deems fit.
(2) The Court on application of any party may grant an ex-parte interim order if satisfied that it is just to do so. Upon granting an ex-parte interim order the Court shall fix a date within a period not exceeding thirty (30) days for the hearing of the application inter-partes.
Article 137
Official Language
1. The official language of the Community shall be English.
2. Kiswahili shall be developed as a lingua franca of the Community.
The Reference which is filed, pending hearing and determination is seeking reliefs from the Court as follows ;1) the Court to declare that the Secretary General (1st Respondent) acted irresponsibly, 2) the acts of the Republics of Kenya, Uganda and Rwanda are in contravention of the Treaty for the establishment of the East African Community, 3) an order for annulment of resolutions and communiqués arrived and made by the 3 Countries Kenya, Uganda and Rwanda during the meetings mentioned earlier. And he asks Court to make permanent and perpetual restraint orders to the three Countries from continuing with breaches complained of.
The Court composed of Hon. Justices, Jean Bosco Butasi, Principal Judge Ms. Stella Arach Amoko, Deputy Principal Judge and Mr. Isaac Lenaola Judge will schedule the hearing on notice in February next year.
Only two Applicants Mr. Ally Hatibu Msanga, and Mr. John Adam Bwenda were present in Court.
Notes for Editors
The summit is an initiative bringing together the four Countries to fast track regional development through infrastructure, trade and political and economic integration.
At the inaugural Tripartite Summit held in Entebbe in June this year, leaders of Uganda, Kenya and Rwanda spearhead different components of joint projects: Uganda committed to lead the railway development and political federation sector; Rwanda on customs, single tourist visa and East African Community e-identity card; and Kenya on the implementation of the oil pipeline and electricity generation.
The follow-up summit held in Mombasa saw the heads of state participate in the commissioning of Berth 19, which will increase capacity of the Kenyan port to serve the entire region.
At the Kigali summit the leaders welcomed South Sudan to the initiative, launch the Single Customs Territory and review the progress of infrastructure projects led by each country. President Kagame welcomed President Museveni of Uganda, President Kenyatta of Kenya and President Salva Kiir of South Sudan to Kigali for the 3rd Tripartite Infrastructure Summit on 28 October 2013.
About the EACJ:
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 High Courts of the Partner States serve as sub-registries.
For more information please contact:
Prof. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
http://www.eacj.org
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H.OGWAPITI
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"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
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