East African Court of Justice Arusha, 5th July 2019: The First Instance Division granted an interim order restraining the Inter-University Council for East Africa (IUCEA) from pursuing the recruitment process in respect of the position of Chief Research and Innovation Coordination Officer, until the determination of the main Case (Reference No.13 of 2017).
Court said that, it was satisfied that the Application has been conceded by the Respondent (IUCEA) through her supporting affidavit in reply, having agreed to suspend and halt the recruitment process in issue, pending the determination of the case. The court therefore did not subscribe to Counsel to the Community (CTC), Dr Kafumbe’s contention during the hearing of the Application, arguing that the Application is moot. Hence court granted the order.
Judges of the First Instance on the bench delivering the Ruling
The IUCEA’s Affidavit in reply paragraph 11 & 12 states that; para 11- “The sitting of the 25th Executive Committee of IUCEA, the Committee was informed by IUCEA Secretariat that, following advice from Counsel to the Community (CTC), the recruitment process in respect to the position of Chief Research and Innovation Officer had been halted pending settlement of the matter at the EACJ. (para 12)-That IUCEA Secretariat has fully complied with the directive of the Executive Committee to halt the recruitment process and that, no shortlisting or interviewing process has been carried out in regard to filling the position of the Chief Research and Innovation Coordination Officer till to date”
The Applicant’s complaint in the Application was that, IUCEA (Respondent), advertised the said position, which he applied for and merged the best candidate in an interview conducted by the Respondent. However, on 17th November 2017, the Respondent (IUCEA) re-advertised the foresaid position despite the fact that the Respondent had already been served with the copy of the main Reference. The Applicant therefore was seeking an interim order restraining the Respondent (IUCEA) from undertaking any recruitment in respect of the aforesaid position. Until the final determination of the main case.
In the main case pending determination, the Applicant, Prof. Elias Bizuru seeks for an order to nullify the IUCEA’s decision to re-advertise the said position while he had emerged the best candidate in the earlier original advertisement and interview conducted.
The Application was filed to court under Article 39 of the Treaty for the Establishment for East African Community and Rule 73 of the East African Court of Justice Rules of Procedure 2013.
The Inter-University (Respondent) is an entity set up by Inter-University Council for East Africa Act, 2009.
The Judgment was delivered by the Honourable Judges: Lady Justice Monica Mugenyi (Principle Judge), Justice Dr Faustin Ntezilyayao (Deputy Principal Judge), Justice Fakihi A. Jundu, Justice Dr Charles Nyawello and Justice Charles Nyachae. The parties present in court to receive the ruling were the Apllicant’s representative, Counsel Arnest William and Counsel Alex Mukunzi Ruharo representing the IUCEA.
About the EACJ
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
For more information please contact:
Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149
Email Okubo@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/