East African Court of Justice, 12th September 2023: The Judge President of the East African Court of Justice, Hon. Justice Nestor Kayobera participated in the Annual Commonwealth Magistrates and Judges Association Conference which, was held in Cardiff, Wales from 10 – 14th September 2023.
The Conference whose theme “Open Justice Today” had the following as its aims and objectives:
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To promote better understanding amongst judicial officers of all ranks and from all parts of the Commonwealth of judicial independence issues and to explore the approach to those issues in different parts of the Commonwealth;
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To promote greater awareness amongst the magistrates and judges of the Commonwealth, of international treaties and law relating to the development and access to justice, and to consider the practical application of that body of law;
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To enhance networking within the Commonwealth Magistrates’ and Judges’ Association on judicial developments.
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The Hon Judge President of the East African Court of Justice participated in a panel discussion titled “Are International Human Rights Courts Fulfilling their jobs.” The panel was chaired by Lord Reed, Judge Supreme Court of the United Kingdom and had as its other panelists, Hon Justice Adrian Saunders- Caribbean Court of Justice, Hon. Justice Charles Mkandawire- Supreme Court of Malawi; and Hon. Justice Charles Oagile Dingale from Papua New Guinea.
In his remarks, the President informed participants that, despite the EACJ lacking explicit human rights jurisdiction, it has considered human rights matters under the ambit of Articles 6(d), 7(2) and 8 (1) (c) of the Treaty Establishing the Community. He stated that the Court’s decision to consider human rights matters under these provisions in the Katabazi case shaped the course of human rights litigation at the Court and today, the highest number of matters filed before the Court are human rights matters.
He applauded the EAC Partner States for their good will in accepting, implementing and complying with the Court’s decisions, and pointed out the Court’s limited budget as a challenge negatively impacting the court in fulfilling its judicial mandate.
The Commonwealth Magistrates and Judges Association has been working since 1970 to help support Judges and Magistrates throughout the Commonwealth to advance the administration of the law by promoting the independence of the judiciary, advance education in the law, the administration of Justice and disseminate information and literature on all matters of interest concerning the legal process within the various countries comprising the Commonwealth.
The Judge President was accompanied by, Hon. Justice Anita Mugeni the Vice President of the Appellate Division, Hon. Justice Yohane Masara the Principal Judge and Her Worship Christine, the Deputy Registrar of the Court.
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. The Court was established in November 2001, its key mandate 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 capitals of the following Partner States: Burundi, Kenya, Rwanda, Uganda and United Republic of Tanzania.
For more information please contact:
Christine Mutimura,
Deputy Registrar,
East African Court of Justice.
Arusha, Tanzania
Tel: 255-27-2162149
Email: cmwekesa@eachq.org