Coming up for Ruling: on 5th April 2022.
Application filed: on 25th May 2020.
Articles: 3(2) & (4), 6 (d), 7(1) (a) and (2), 8(1) (a) & (c), 9(1) (a), 10(1), 11(1) up to (9), 12(1) (4) 23, 27(1), 30, 38(2), 67(3), 123(3)(c), of the Treaty of the Establishment of the East African Community.
Rules: 4 and 5 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary restraining the Democratic Republic of Congo from joining the Community subject to release of detainees.
The Applicant, Adam Kyomuhendo is a citizen of the Republic of Uganda and the Respondents are Attorneys General of the Republics of Ugandan, Kenya, Rwanda, Burundi, South Sudan and the United Republic of Tanzania sued on behalf of the respective governments.
The Applicant prays for Court order temporary restraining the Democratic Republic of Congo (DRC) from joining the East African Community following the release of Samuel William, Mugumya, Stephen Mugisha, Aggrey Kamukama, Joseph Kamugisha, Nathan Bright and 35 other Ugandan Citizens. He also seeks for Court order allowing the detainees access to their families.
The Applicant contends that, the condition of their detainees in the DRC is important, urgent and imperative that, the immediate orders be granted by the Court to preserve their medical, physical, psychological and moral integrity. They stand to suffer irreparable harm and or injustice if such orders are not granted by the Court.
The first Respondent avers that, the Court has no jurisdiction to entertain the matter for it is a human rights concern while the second Respondent avers that, the law including the Treaty provides the process of admitting a new member to the Community is of the Summit thus the Application is frivolous, premature, unjustifiable and an abuse of the Court process.
The 7th Respondent submits the Applicant will not suffer any irreparable damage if the precautionary orders are not granted and the Reference be dismissed in its entirety with costs.
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