Arusha, 18 January 2013: The EACJ’s First Instance Division Friday began hearing a case in which a Kenyan citizen alleges the Ugandan Government denied him entry into the country in 2011.

In the matter, Mr. Samuel Mukira Mohochi claims he was denied entry into Uganda, restrained and detained at the Immigration Office at Entebbe International Airport and subsequently deported to Kenya on 13 April 2011.

Mr. Mbugua Mureithi, representing the Applicant, submitted that Mr. Mohochi as a resident of East Africa is entitled to free movement from one country to another as provided for under Article 7 of the East African Community Common Market Protocol which states that “The Partner States hereby guarantee the free movement of persons who are citizens of the other Partner States within their territories”.

Mr. Mureithi argued that to date the Government of Uganda has not provided any reasons for Mohochi’s denial of entry and wants the regional Court to pronounce itself on the matter as his client asserts the acts were illegal, unlawful and a violation of Uganda’s obligations under Articles 6 (d) and 7 (2) of the EAC Treaty on good governance including adherence to the principles of democracy and rule of law.

However, Ms. Nshemereirwe Peruth representing the Attorney General of Uganda asked Court to dismiss the reference with costs arguing that the matter was hinged and based on alleged violation of Mohochi’s human rights and that the EACJ does not have jurisdiction to deal with human rights matters.

She contended that Mr. Mohochi was entering Uganda at a time when there were acts of terrorism in Kampala and that he was therefore rightly denied entry into Uganda by virtual of Article 7 (3) of the EAC Common Market Protocol, which provides that “Partner States shall, in accordance with their national laws, guarantee the protection of the citizens of the other Partner States while in their territories”.

The Court will deliver its judgment on notice.

About the East African Court of Justice

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.

Any person who is resident in an EAC Partner State may refer for determination by the East African Court of Justice, the legality of any Act, directive, decision or action of a Partner State or an Institution of the Community on the grounds that such Act, regulation, directive or action is unlawful or is an infringement of the Treaty and proceedings are instituted within two months of the act complained of or of the day in which it came to his/her knowledge. The Court also has arbitration jurisdiction.

Decisions of the Court on the interpretation and application of the Treaty take precedence over decisions of national courts on a similar matter.

For more information please contact:

Prof. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org

Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org

Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org

East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/