Coming up for hearing: 21st September 2021.
Reference filed: on 25th July 2018.
Article: 6(d) of the Treaty for the Establishment of the East African Community (EAC).
Rule: 7(2) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Enforcement of Judgment.
The Applicant, Karenga Manzi Jean Marie, is a natural person former member of the core professional staff (internal Auditor) of Great Lakes Initiative on Aids (GLIA) in Rwanda and the Respondent is the Republic of Rwanda, a Partner State of the East African Community represented by the Attorney General legal advisor of the respective government.
The Applicant alleges that, the Government of Rwanda through Ministry of Foreign Affairs failed to assist Rwanda Social Security Board (RSSB) to collect contributions from Great Lakes Initiative on Aids (GLIA). Despite a decision of the High Court issued on 21st October 2016 requiring payments of the contributions be made to the affected person, the Government refused to enforce the judgment.
Applicant claim is based under Articles 6, 7 and 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR) read together with Article 168 of the Constitution of the Republic of Rwanda and prays for among other orders, an order against the Republic of Rwanda to pay specified amount as economic indemnities.
The Respondent raised preliminary objection on the point of law contending the Reference was filed out of time contrary to Article 30(2) of the Treaty, the Government of Rwanda is not in charge of enforcing the court decisions, no nexus between Applicant’s allegations and the Treaty as the statement of Reference and the affidavit bears no cause of action and that, the ICESCR as cited by the Applicant does not take precedence over the Treaty therefore, the Reference be dismissed with costs.
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