TIMOTHY ALVIN KAHOHO v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

Case Number APPLICATION NO. 5 OF 2012 (ARISING FROM REFERENCE NO. 1 OF 2012)
Summary

The Applicant filed Reference No. 1 of 2012 praying for orders that the Summit directives set out in paragraphs 6 and 10 of the communiqué issued at the 13th Ordinary Meeting in Bujumbura, Burundi be declared null and void as they were issued in breach of Articles 6,7 and 123(6); 73 and 138 of the Treaty.

Pending determination of the Reference, however, the Applicant has filed the instant application seeking for an interim order to restrain the Respondent, his agents and servants from executing the said activities, namely:

i) the purported approval of the Protocol on Privileges and Immunities for East African Community, its Organs and Institutions for conclusion;
ii) Producing a roadmap for establishing and strengthening institutions identified by the Team of Experts as critical for the functioning of the Customs Union, Common Market and Monetary Union.
RespondentThe Secretary General of the East African Community
ComplainantTimothy Alvin Kahoho
Date filedMay 16, 2013
CountriesEast African Community
KeywordTrade
Treaty ArticleArticle 38 , Article 39 , Rule 21 , Rule 41 , Rule 73

First Instance Judgment

VerdictIt was found that the application does not meet the conditions for the grant of an interim order. It is accordingly dismissed. The costs of the application shall abide the outcome of the Reference. However, in order to examine the fears expressed by the Applicant, the Registrar is requested to ensure that the hearing of the Reference is fast tracked.
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Date deliveredJuly 19, 2012
Quorum

Appeal Judgment

Verdict
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Date delivered
Quorum