PLAXEDA RUGUMBA v THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY & ANOTHER

Case Number REFERENCE NO. 8 OF 2010
Summary

The subject matter is the arrest and detention by the 2nd respondents agents without trial of Lieutenant Colonel Seveline Rugigana Ngabo being a breach of fundamental principles of the community, to wit; Articles 6(d) and 7(2), and the failure by the 1st respondent to investigate the failure of the partner state Rwanda to fulfill obligations of the Treaty above and submit its findings as required in Art. 29(1) being wrongful.
RespondentThe Secretary General of the East African Community; The Attorney General of the Republic of Rwanda
ComplainantPlaxeda Rugumba
Date filedNovember 7, 2010
CountriesEast African Community , Rwanda
KeywordArrest & Detention , Human Rights
Treaty ArticleArticle 30 , Article 6 , Article 7 , Rule 24

First Instance Judgment

VerdictA declaration was issued that the detention of the subject, Lieutenant Colonel Seveline Rugigana Ngabo by the agents of the Government of the Republic of Rwanda from 20th August 2010 to 28th January 2011 was in breach of the fundamental and operational principles of the East African Community as enunciated in Articles 6(d) and 7(2) of the Treaty which demands that Partner States shall be bound by principles of inter alia, good governance and the rule of Law. The case against the 1st Respondent was dismissed with no order as to costs. The 2nd Respondent was ordered to pay the Applicant the costs of the Reference.
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Date deliveredNovember 30, 2011
Quorum

Appeal Judgment

VerdictThe appeal failed and the judgment of the First Instance Division was upheld but for different reasons. The Appellant was ordered to bear the Respondents costs in the Appeal and in the Reference.
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Date deliveredJune 21, 2012
Quorum