ALICE NIJIMBERE v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

Case Number	APPLICATION NO. 11 OF 2015 (ARISING FROM REFERENCE NO. 7 OF 2015)
Summary	On 28th October 2015, the Applicant filed Reference No. 7 of 2015 Alice Nijimbere Vs The Secretary General, East African Community, as well as the present application before this court. The Applicant sought interim orders pending the hearing of Reference No. 7 of 2015. The orders sought are as follows: a. The nullification of a decision by the East African Community (EAC) Secretariat in respect of the Applicant’s request for dispensation to be interviewed at the EAC Headquarters for the position of Registrar of the East African Court of Justice. b. The suspension of the recruitment process for the position of Registrar of the Court until the closure of pleadings. c. The relaunch by the Court of the interview process and the organization of a different interview panel in accordance with the East African Staff Rules and Regulations, 2006.
Respondent	The Secretary General, East African Community
Complainant	Alice Nijimbere
Date filed	October 28, 2015
Countries	East African Community
Keyword
Treaty Article

Verdict	Given the time constraints, the recruitment of the Registrar being in its final stage, we do hereby exercise our discretion to invoke the provisions of Rule 68(3) of the EACJ Rules and pronounce our decision in the present Application, and would reserve our reasons thereof to be delivered upon Notice to the Parties. In that regard, we have carefully scrutinized the pleadings that were filed in this Application. We did also carefully listen to and consider the arguments made by the Applicant in prosecution of this Application, as well as the arguments advanced by Learned Counsel for the Respondent. In our considered view, it is neither judicious, necessary nor desirable to issue the interim orders sought in this Application. We would therefore disallow the Application and, as stated hereinabove, shall deliver our reasons therefore upon notice to the parties. It is our further direction that noting the urgency and nature of the matter before us, Reference No. 7 of 2015 Alice Nijimbere Vs. The Secretary General, East African Community shall be placed before us immediately for directions on its expeditious disposal. It is so ordered.
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Date delivered	November 11, 2015
Quorum