The above Reference was scheduled for hearing of oral evidence on 8th and 9th September 2015. However, on 8th September 2015, the Respondent raised a preliminary point of law premised on Section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act, 2003; the gist of which was that the Applicant and her witnesses were members and/ or officers of the East Africa Legislative Assembly (EALA) but had not secured leave from the Assembly to adduce evidence before this Court. This Court did at first instance find that the preliminary point of law was improperly raised before it given that it contravened the spirit of Rule 41(2) of the East African Court of Justice Rules of Procedure (hereinafter referred to as ‘the Rules’), which essentially is to avert trial by ambush and the attendant delays to proceedings before this Court.
When the matter resumed with the hearing of the Applicant’s oral evidence, learned Counsel for the Respondent did again raise the question of whether she had express leave from EALA to adduce evidence before this Court. The Court did thereupon order the Respondent to file a formal Notice of Preliminary Objection in this matter and the said Objection would be heard on 9th September 2015. At the hearing of the Objection, the Applicant was represented by Mr. Justin Semuyaba while Mr. Stephen Agaba appeared for the Respondent.
In a nutshell, it was the Respondent’s contention that the East Africa Legislative Assembly (Powers and Privileges) Act, 2003 had been enacted under Article 61(2) of the Treaty for the Establishment of the East African Community (hereinafter referred to as ‘the Treaty’) in order to preserve the sanctity of the Assembly (EALA) and protect the principle of separation of powers. Against that background, Mr. Agaba contended that section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act did not contravene the Treaty, but rather enjoined any Member or Officer of EALA that sought to attest to proceedings in the Assembly or a Committee thereof to secure the special leave of the Assembly prior to doing so in any court or elsewhere outside the Assembly.
