East African Court of Justice, 9th May 2023: The EACJ Appellate Division today, held a Scheduling Conference for Application No. 2 of 2023 Pontrilas Investments Ltd versus The Central Bank of Kenya & The Attorney General of Kenya.
The Application is seeking for Court order to stay further proceedings in Reference No.7 of 2017 before the First Instance Division (the Trial Court), pending hearing and determination of Appeal No.2 of 2023.
The Appeal arises from a Ruling of the Trial Court in Application No. 6 of 2022, in its ruling the Court discharged the Central Bank of Kenya (1st Respondent) as a party in the case. The Trial Court ruled that the Central Bank is not among the Institutions of the Community considering Articles 9 & 30 of the EAC Treaty. The Court thus directed that the Reference proceeds against the Attorney General of Kenya as the sole Respondent.
The subject matter in the main case (Reference No. 8 of 2017 is challenging the Central Bank and the Attorney General of Kenya for their alleged failure in their duties to govern the deposits made at Imperial Bank Ltd (Kenya).
The parties at the Scheduling Conference were represented by Senior Counsel Prof. Frederick Ssempebwa for the Applicant and Counsel Christopher Mulili for the Respondent (Attorney General of Kenya).
The date of the hearing of the Application will be communicated to the parties.
The matter came before a full bench of 5 Judges of the Appellate Division namely, Hon. Justice Nestor Kayobera, President Hon. Lady Justice Sauda Mjasiri Vice President, Hon. Lady Justice Anita Mugeni (Judge), Hon. Justice M’Inoti Kathurima and Hon. Justice Cheborion Barishaki.
The Appellate Division is responsible for handling matters of Appeals, where a party may not be satisfied with the decision of the Trail Court and files an appeal under Article 35 of the Treaty for the Establishment of the East African Community (EAC). Article 35 provides that; “An appeal from the judgment or any order of the First Instance Division of the Court shall lie to the Appellate Division on- a) points of law, b) grounds of lack of jurisdiction; or c) procedural irregularity.”
For more information please contact:
East African Court of Justice.