Coming up for hearing on: 27th February, 2025
Reference filed on: 17th July 2020
Articles: 6(d) and 7(2) of the Treaty for the Establishment of the East African Community
Rules: 25(1) of the East African Court of Justice Rules of Procedure 2019
Subject matter: Challenge of the decision-making process of the national judiciary
The Applicant is challenging the process and the decision of the Republic of Uganda’s High Court Judge, in Civil Division Misc. Cause No. 261 of 2019 delivered on 20th May 2020 that were unlawful and an infringement of the provisions of the Treaty for the Establishment of the East African Community. The Applicant alleges that the High Court of Uganda decided outside the 90 days contrary to the requirement of the Uganda Judicial Review Rules
The Applicant also alleges that the Judgement did not have the signature of the presiding Judge and that the decision was made without determining the competence of the Respondent’s evidence; That the presiding Judge in his decisions, relied on Uganda’s Human Rights Enforcement Act which was published in the Gazette on 15th November 2019 while the Application was filed on 26th August 2019.
The Applicant further alleges that, the decision of the Court was based on the strength of undue regard to technicalities; That the High Court of Uganda wrongly decided that the actions of public officials cannot be challenged by way of Judicial Review; That the decisions of the presiding Judge relied on incompetent and hearsay evidence of Assistant Inspector General of Police of Uganda Police Force; That the decision/action of the President of the Republic of Uganda and other officials of the Government of Uganda blocked the Applicant’s Twitter social media platform from following, viewing, contacting, replying, liking and retweeting the tweets on their respective Twitter social media which are used as public forums, and that the decision dismissing the applicant’s case with costs was unlawful and infringement of the fundamental and operational principles of the East African Community.
The Respondent denies all the allegations against him and contends that the judicial process and decision were lawful and did not infringe any provisions of the Treaty.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org