HON. SITENDA SEBALU v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

Case Number	REFERENCE NO. 8 OF 2012
Summary	The failure by the Council of Ministers/ Sectoral Committee on Legal and Judicial Affairs to implement the Judgment of the Court in Reference No 1 of 2010 and Taxation Cause No. 1 of 2011 is an infringement of Article 38(3) of the Treaty and a contempt of Court.
Respondent	The Secretary General of The East African Community
Complainant	Hon. Sitenda Sebalu
Date filed	June 28, 2012
Countries	East African Community , Uganda
Keyword	Elections , Jurisdiction , Rule of Law
Treaty Article	Article 13 , Article 14 , Article 15 , Article 16 , Article 20 , Article 21 , Article 22 , Article 23 , Article 27 , Article 30 , Article 38 , Article 44 , Article 7 , Article 8 , Articles of EAC Treaty , Rules of Procedure 2010

Verdict	(a) The failure by the Council of Ministers/ Sectoral Committee on Legal and Judicial Affairs to implement the Judgment of the Court in Reference No 1 of 2010 and Taxation Cause No. 1 of 2011 is an infringement of Article 38(3) of the Treaty and a contempt of Court. (b) Prayer (b) is disallowed. (c) Prayer (c) is granted. However , because the Respondent has not flagrantly disrespected the order since he has made an effort to convince the Council to pay the taxed costs to the Applicant as per his letter referred to earlier on in this judgment, and considering the unique circumstances of this case, therefore, the Court hereby grants the Respondent the opportunity to purge the contempt with respect to 40 the taxed costs and to pay the same within three (3) months from the date of this order. (d)Prayer (d) is granted but only in respect of the judgment in Reference No.1of 2010. (e) Prayer (e) is also granted, since this Reference was a result of the failure by the Partner States to implement the Court’s orders. The Respondent shall pay the costs of the Reference to the Applicant.
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Date delivered	December 22, 2013
Quorum