by Arnaud Gahimbare | Nov 2, 2020
In a letter dated 25th August 2011, the Speaker of the Parliament of Uganda wrote to the Respondent seeking an advisory opinion from the East African Court of Justice (the EACJ) on the interpretation of Article 51 (1) of the Treaty. This was due to the divergent views...by Arnaud Gahimbare | Nov 2, 2020
by Arnaud Gahimbare | Nov 2, 2020
In 2001 the National Assembly of the United Republic of Tanzania elected nine persons to the East African Legislative Assembly two of whom were Dr. Harrison Mwakyembe and Mrs. Beatrice Shelukindo. In 2005 these two ran for and were elected Members of Parliament of the...by Arnaud Gahimbare | Nov 2, 2020
In 2001, the Kenya National Assembly, pursuant to Article 50 of the Treaty, determined its own procedure for election of the nine members of the East African Legislative Assembly embodying the principle of proportional representation. On 26th October 2006, the...by Arnaud Gahimbare | Jul 10, 2020
I opted to differ with the judgment which the majority of the Court delivered in respect of this Appeal. The Appeal is against the Judgment of this Court’s First Instance Division, dated 2nd July 2019 in Reference No.2 of 2018 whereby the Trial Court dismissed...
Born February 1958, Holds Masters Degree of Law (LLM) (University of London), Bachelor of Law LLB (University of East Anglia, Norwich, England), Bachelor of Arts (B.A) (University of Stirling, Scotland). Currently: Founding Partner, Nyachae & Ashitiva Advocates (1986 to Present). Previously: Chairperson, Commission for implementation of the Constitution of Kenya (2010-2015); Commissioner, Kenya Law Reform Commission (2003-2006); Chairperson, Institute of Education in Democracy (1999-2003); Chairman, International Commission of jurists, Kenya Section (1991-1993); Council Member, Law Society of Kenya (1991-1992); Established Nyachae & Company Advocates (1986); Called to the Bar of England and Wales (Lincoln’s Inn) 1983; Admitted as an Advocate of the High Court of Kenya (1986); State Counsel, Attorney- General’s Chambers Nairobi, Legislative drafting, Commercial and Litigation sections (1984-1986).
Appointed a Judge of EACJ, First Instance Division effective July 2018.
Hon. Lady Justice Sauda Mjasiri is a Judge of the EACJ Appellate Division, Currently the court has two female Judges which a great milestone in the history of the Court. Justice Mjasiri Currently is the Chairperson of Public Procurement Appeals Authority, PPAA (October 2018). Her Ladyship previously served as Corporation Counsel, Tanzania Legal Corporation (1977-1997) up to the level of Principal Corporation Counsel, She also served in various capacities at the Eastern and Southern African Trade and Development Bank (PTA Bank) (1998-2004), Executive Assistant to the President of the Bank, Senior Legal Officer and Head of Compliance. She was a Judge of the High Court of Tanzania (2004-2008), she also served in the main Registry as well as the Commercial Division and Judge of the Court of Appeal of Tanzania (2008 – 2018). Justice Mjasiri was born in June 1953, she holds the degrees of LL.B Hons (University of Dar es Salaam) and MBA and Msc International Business (Southern New Hampshire University, USA).
Her Ladyship was appointed Judge of the East African Court of Justice in the Appellate Division in February 2019.
Born 5th November 1968. Holds a Degree in Law (LLB) from the University of Rwanda (1995-1999) and various professional certificates in legal practice.
Currently, a Judge of the Supreme Court in Rwanda (December 2016- to date)
Before joining the judiciary, he was Rwanda’s Prosecutor General & Vice President of the Prosecution High Council (September 2013-Dec. 2016.) Served as National Prosecutor with the International Crimes Unit within the National Public Prosecution Authority (NPPA) (2011-2013). He also held other prosecutorial positions at different levels of the NPPA including Deputy Prosecutor General of the Court of Appeal in Ruhengeri and Nyanza Provinces (2000-2004) and NPPA’s Chief Prosecutor for Huye & Nyarugenge Intermediate Levels (2006-2011).
He was appointed Judge to East African Court of Justice First Instance Division effective 27th February 2021.
Born January 1965. Holds a Masters of Business Administration (MBA), University of Strathclyde, Glasgow, United Kingdom (1995); Bachelor of Laws (LL. B) from Makerere University Kampala Uganda (1989); Post Graduate Diploma in Legal Practice, Law Development Centre Kampala, Uganda (1991); Certificate in Project Management and Evaluation, Strathclyde Graduate Business School (1992).
Currently; serves as a Judge, High Court of Uganda, Commercial Court Division (2017 to date).
Previously; served as Corporation Secretary, National Social Security Fund, NSSF. (2014 to 2017); Director, Corporate Relations & Regulatory Affairs, EABL -Uganda (Jan 2012); Independent Regulatory & Management Consultant (Jan 2010 TO Dec 2011); Country Manager, Public Affairs & Communications, Coca Cola Sabco/ Century Bottling Company Limited (2008); Head of Legal & Human Resource, National Water & Sewerage Corporation, Uganda (2007); Company Secretary, Kinyara Sugar Works Limited, Uganda (2006); Company Secretary/Legal Counsel, British American Tobacco Uganda (1998); Advocate; Ojambo Wejuli Wabwire & Company Advocates (1993).
Justice Wejuli was appointed a Judge of the East African Court of Justice – First Instance Division February 2021 to date.
Born January 1971. Holds a Master’s Degree in Laws (LL.M) from the University of Dar es Salaam, Tanzania (November 2006); Master of Arts in Peace & Justice Studies, University of San Diego, California, USA (September, 2004) and a Bachelor of Laws (LL. B), University of Dar es Salaam (November 1997).
Currently, Mr. Masara is a Judge of the High Court of Tanzania (January 2019-to date). Previously, Mr. Masara served as Director, Board Secretariat & Legal Services and Secretary to Board of Directors of Tanzania Revenue Authority (TRA) (2016 to date) on attachment from the office the Attorney General; he also served as Consultant with the Southern African Development Community (SADC) in the position of Senior Technical Adviser on Integration & Strategic matters to the Executive Secretary of SADC (2015-2016); Justice Masara served in various portfolios in the Office of the Attorney General, Tanzania; namely, Ag. Director Contracts & Treaties (2014-2015), Private Secretary to the Attorney General, Tanzania (2007-2011); Principal/Senior/State Attorney AG’s Office in the Prosecution Division, Civil and International Law Division and Contracts and Treaties Division (1998-2014). Mr. Justice Masara also served in several government Teams and Commissions within Tanzania and participated in a number of regional and international negotiations. He was Assisting Counsel to the Kriegler Commission, Kenya (2008). He is a member of Commonwealth Magistrates’ and Judges Association, was an Advocate of the High Court of Tanzania and Member of East African Law Society.
He was appointed a Judge to East African Court of Justice First Instance Division & consequently designated Principal Judge of the Court in February 2021-to date
Justice Kathurima M’Inoti is a Judge of the Court of Appeal of Kenya and the Director of the Judiciary Training Institute. He is a Fellow of the Chartered Institute of Arbitrators. He holds a Bachelor and Master of Law degrees from the University of Nairobi and is an Advocate of the High Court of Kenya.
Between 2003 and 2012 he served as the Chairman of the Kenya Law Reform Commission. Before that, he practiced law in Nairobi for 13 years, specialising in constitutional litigation.
Mr. Justice M’Inoti is a former lecturer in the Department of Public Law at the University of Nairobi. He is a Commissioner of the International Commission of Jurists, Geneva Switzerland. He is a former member of the Executive Committee of the Commonwealth Association of Law Reform Agencies and a former President of the Association of Law Reform Agencies of Eastern and Southern Africa.
Justice M’Inoti has been awarded the Elder of the Order of the Burning Spear (EBS) and the Order of the Grand Warrior (OGW) for his contribution to law reform in Kenya. He was the recipient of the Law Society of Kenya Distinguished Service Award for the Administration of Justice in 2016.
He was appointed to the EACJ Appellate Division in February 2021.
Born May 1970. Holds a Masters Degree in Law (LLM), FUSL-UC Louvain, Belgium (2005); Bachelor’s Degree in Law (LLB) from the National University of Rwanda (NUR, 1996), She is a senior member of the Rwandan bar with a great training and experience in the civil law system. She has been a practicing lawyer for many years as she started her Legal practice as an advocate in January, 1998 working her way up as one of the most prolific commercial and litigation attorneys in Rwanda.
Previously: Justice Mugeni has worked on many commercial transaction advisory cases including dispute resolution, due diligences and insolvencies. She is the one of the founding partners of MRB Attorneys. She had been running and managing very successful law firms, MK Law firm and MRB Attorneys respectively; She has served as acting President of the Rwanda Bar Association (RBA), served as Dean and Council member of RBA, Council member of the East African Law Society, a commissioner of the Public service commission, a commissioner of the National Consultative Committee on EAC Political Federation. She is member of the Rwanda Bar Association, the East African Law Society and the Conférence Internationale des Barreaux (CIB), and member of the Insolvency Administration Association of Rwanda. She has a great grounding in Kinyarwanda and French and a good command in English and Swahili. Anita brings to EACJ more than a two decade of immense experience in legal practice and academia having taught law at the National University of Rwanda, the Independent University of Kigali (ULK), at UNILAK and she is a trainer of professional ethics at Rwanda Bar Association and at the Institute of Legal Practice & Development (ILPD).
She was appointed a Judge to East African Court of Justice Appellate Division in February 2021- to date.
Hon. Mr Justice Nestor Kayobera President & Justice of Appeal
Justice Nestor Kayobera is a President of the Centre for Professional Judicial Training of Bujumbura. He is an expert of Multilateral diplomacy from the graduate Institute of International Studies of Geneva Swaziland. He holds a Masters Degree in Public International Law from Hope Africa University of Bujumbura and post graduate diploma in Law, mediation and Arbitration from Institute of Social work of Dar Es Salaam, Tanzania.
From 2011 -2020 he was the Director and Director General in charge of Judicial Organization and Director of Resources in the office of the Attorney General of the Republic of Burundi and in that capacity, he appeared in East African Court of Justice as a Government Lawyer on behalf of the Attorney General. From 2006 – 2010, he was a judge of the Labour Court of Bujumbura and before he served as the appointed Principal legal Advisor in the office of the Minister of Justice and holder of the Republic seal, in charge of East African Community Affairs.
From 2018 he was a member of the Constitutional experts to draft the Constitution of EAC Political confederation and also a member of the EAC verification expert on the admission of the Republic of South Sudan to the EAC.
He was appointed a judge to the East African Court in February 2021 and subsequently designated the President of the Court.
Born 1950.
Holds the degrees of LL.B (Hons), and LL.M (University of Nairobi, Kenya),
a Diploma in Law (Kenya school of law) and a Diploma in international and Comparative Law of Human Rights (Institute of International and Comparative Law of Human Rights, Strasbourg, France).
Is a Fellow of the Chartered Institute of Arbitrators (London).
Currently:
Arbitrator and Legal Consultant.
Previously:
Previously served as senior Lecturer and Head of the Department of Public Law, Faculty of Law, University of Nairobi (1978-1990);
Practicing Advocate of the High Court of Kenya (1978-1994);
Judge of the High Court and Court of Appeal of Kenya (1994-2004); Solicitor- General of Kenya (1996-1999);
Director and Chief Executive of the Kenya Anti- Corruption Authority (KACA) (1999-2000);
Director and Chief Executive of the Kenya Anti- Corruption Commission (KACC) (2004-2009).
Appointed Judge of Appeal in the East African Court of Justice (EACJ) in April 2014
Born August 1969. Holds an LLM in International Trade Law Degree (University of Essex, UK) 2002;a Postgraduate Diploma, Legal Practice (Law Development Centre, Uganda) 1993; LLB Degree (Makerere University, Uganda) 1992; and is an Advocate of the High Court of Uganda.
Currently:
Principal Judge, East African Court of Justice, (July 2015 to date); Judge High Court Uganda, (2010 to date); Chairperson, EADB Staff Appeals Tribunal (2013 to date).
Previously:
Judge East African Court of Justice (1st Instance Division), (December 2013- June 2015); Judge, High Court Uganda (Land and Criminal Divisions),(2010 – 2015); Manager Corporate Services, Uganda Road Fund/ Legal Secretary, Uganda Road Fund Board, (2010); Legal Consultant, Uganda (2008 – 2009); Legal Officer, Privatisation & Utility Sector Reform (World Bank/ IDA) Project, Uganda/ Secretary, Divestiture and Reform Implementation Committee (Sub-Committee of Cabinet; Policy formulation body), (2002-2007); Senior State Attorney, Attorney General’s Chambers, Uganda (1999 – 2002); State Attorney, Ministry of Justice (1993-1999); Assistant Secretary, Law Council (on secondment), Uganda (1993 – 1994); Non-Executive Director, PRIDE Microfinance Ltd, Uganda (2005 – 2010); Non Executive Director, Uganda Livestock Industries Limited, (2007-2008); Non Executive Director, Uganda Seeds Limited, (2005-2008).
Appointed Judge of the EACJ, First Instance Division, December 2013 and a Principal Judge in July 2015
Hon. Lady Justice Sauda Mjasiri is the new appointed Judge of the EACJ Appellate Division,
Her Ladyship replaced Justice Edward Rutakangwa who retired on 12th February 2019 who served the EACJ since June 2014.
Currently the court has two female Judges which a great milestone in the history of the Court .
Currently:
She is the Chairperson of Public Procurement Appeals Authority, PPAA (October 2018).
Previously:
Her Ladyship previously served as Corporation Counsel, Tanzania Legal Corporation (1977-1997) up to the level of Principal Corporation Counsel, She also served in various capacities at the Eastern and Southern African Trade and Development Bank (PTA Bank) (1998-2004), Executive Assistant to the President of the Bank, Senior Legal Officer and Head of Compliance. She was a Judge of the High Court of Tanzania (2004-2008), she also served in the main Registry as well as the Commercial Division and Judge of the Court of Appeal of Tanzania (2008 – 2018). Justice Mjasiri was born in June 1953, she holds the degrees of LL.B Hons (University of Dar es Salaam) and MBA and Msc International Business (Southern New Hampshire University, USA).
Her Ladyship was appointed Judge of the East African Court of Justice in the Appellate Division in February 2019.
Born on 23rd May 1961 in Kampala Uganda. Holds a Bachelor of Laws Degree (LL.B) from Makerere University and a Masters of Laws Degree (LL.M) in International Law (with a bias in International Economic law) from the University of London in the UK.
Currently:
He is a Justice of the Court of Appeal and Constitutional Court in Uganda. He is Chair of the ICT/Law Reporting Committee of the Uganda Judiciary. He is a Judge of the Arbitration Tribunal of East African Development Bank; a Panel Member of the INSOL International College of Mediators (IICM) London England; and an Associate of the Uganda Insurance Institute.
Previously:
He served as head of the Commercial Court Division of the High Court of Uganda; Chairman of the UNESCO Appeals Tribunal in Paris France; CEO of Pan world Insurance Co Ltd (now Lion Assurance Co) in Uganda; Chairman of the Uganda Insurers Association and as a Senior State Attorney in the Ministry of Justice and Constitutional Affairs of Uganda. He has done adjunct teaching of law at Makerere University, Ndejje University and Uganda Martyrs University in Nkozi Uganda. He has also done consultancy work for World Bank and IMF and has written a number of papers in the area of Alternative Dispute Resolution. He is a contributor to 3 published books.
Appointed Judge of Appeal on the EACJ Appellate Division in August 2015
Born February 1958,
Holds Masters Degree of Law (LLM) (University of London),
Bachelor of Law LLB (University of East Anglia, Norwich, England), Bachelor of Arts (B.A) (University of Stirling, Scotland).
Currently:
Founding Partner, Nyachae & Ashitiva Advocates (1986 to Present). .
Previously:
Chairperson, Commission for implementation of the Constitution of Kenya (2010-2015);
Commissioner, Kenya Law Reform Commission (2003-2006); Chairperson, Institute of Education in Democracy (1999-2003); Chairman, International Commission of jurists, Kenya Section (1991-1993);
Council Member, Law Society of Kenya (1991-1992);
Established Nyachae & Company Advocates (1986);
Called to the Bar of England and Wales (Lincoln’s Inn) 1983;
Admitted as an Advocate of the High Court of Kenya (1986);
State Counsel, Attorney- General’s Chambers Nairobi, Legislative drafting, Commercial and Litigation sections (1984-1986).
Appointed a Judge of the East African Court of Justice (EACJ), First Instance Division, effective July 2018
Born February 1963.
Holds a Degree of LLB (University of Burundi). Advocate (Member of the Burundi Bar Association from September 1996)
Currently: Deputy Director National Service for Legislation.
Previously:
Principal Legal and Administrative Adviser of the Vice- President of the Republic of Burundi (May 2003-December 2005 and January 2007-January 2OO8);
Member of the EAC Sub-Committee on Approximation of national laws in the East African Community context (December 2010-February 2015); Chairperson of the Burundi Government Human Rights Commission.
Appointed Judge of the EACJ, First Division in June 2015
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Born September 1977.
Holds the degree of LL.B (University of Iringa) and LL.M in Public International Law (to be awarded by Hope Africa University, Burundi).
Currently:
Member of National Service of Legislation of the Republic of Burundi, Lecturer at Hope Africa University.\
Previously:
Deputy Prosecutor General of the Republic of Burundi: (2008 – 2013); Deputy Prosecutor of the Republic in Bujumbura: (2004 – 2008);
Focal Person in charge of the East African Community Affairs in the Ministry of Justice and Custodian of the Seal: (2009 – 2010);
The High Official nominated to participate and to analyze the legal content of Drafts protocols and other legal aspects involved in the Community in the Sectoral Council on Legal and Judicial Affairs in pre-ministerial session (2009-2011);
Member of the National Committee of the Elimination of Non-Tariff Barriers in the East African Community: (2012-2013).
Appointed Judge of the EACJ, Appellate Division in June 2013 and Vice- President of the Court in June 2014.