Arusha, 18 November 2013: The EACJ First Instance Division today heard a case filed by an Advocate from the Republic of Kenya, Mr. Mbugua Mureith, an accomplished lawyer and human rights defender. Mr. Mbugua’s case is the arrest, detention in Uganda and his deportation by the security agents of Uganda in complicity with the security agents of Kenya without lawful or justifiable cause and in violation of Uganda’s and Kenya’s obligation under Articles 6(d), 7 (2), 104 (1) of the Treaty for the establishment of the East African Community and Principles 16, 17, 18 and 21 of UN Basic principles on the Role of lawyers and Article 7 of the of the establishment of the EAC Common Market.
Mr. Selemani Kimunyu Counsel for the Applicant told Court that, the applicant was accosted by the agents of the government of Uganda (1st Respondent) and that of Kenya (2nd Respondent) who illegally arrested, detained and tortured him due to his professional relationship with his clients. He added that Mr. Mureith had travelled to Uganda to represent the interests of his 3 clients who had been charged with allegedly committing the July 11 2010 terrorists attack in Uganda.
Mr. selemani submitted that the Court has the jurisdiction to entertain the matter, and that the National Court of the two Respondents does not have the jurisdiction to entertain suits citing the government of the other. He also submitted that there is no time limitation of filing the case. He therefore called upon the Court to pronounce itself in relation to alleged breaches of human rights as stipulated in the Treaty.
Counsel for the Republic of Uganda (1st Respondent) Mr. Elisha Bafirawala Senior State Attorney, opposed the Applicant’s case on grounds that the EACJ has no jurisdiction to entertain the case because the Applicant alleges the violation of his rights which are matters pertaining Human right issues. He said that the Court’s jurisdiction is only limited to interpretation and application of the Treaty under Article 27 (2). He therefore said that all the prayers sought are for enforcement of the Human Rights which is outside the jurisdiction of the Court and asked Court to dismiss the Reference with Costs.
In addition Mr. Richard Adrole State Attorney and Philp Mwaka also representing the Republic of Uganda said that the matter was time barred since the applicant was aware of the action since 18th September 2010 when the Applicant left Uganda until 29th December 2011 when the matter was filed to Court. That the matter is therefore time barred according to limitation of time under Article 30 (2) of the EAC Treaty which provides two months time to file the case from the time the action came to the knowledge of the complainant.
Mr. Mwaka Principal State Attorney Uganda submitted that it is not in the powers of the EACJ to interpret the laws of Uganda to find whether the detention was proper or not under the Uganda’s Criminal code and therefore the matter should be dismissed with costs.
The Republic of Kenya represented by Ms. Stella Mwinyi associated herself with the 1st Respondent’s submissions that the Court does not have the jurisdiction and that the matter was filed out of time and therefore it’s not proper before the Court.
The Amicus Curiae represented by Mr. Opiyo submitted that under Article 6 of the Treaty the Partner States are obliged to observe International Principles of good governance and lawyers should be able to protect their professionals. He therefore invited the Court to take a bold decision because lawyers are guardians of the public.
The Court will deliver a judgment on notice
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 High Courts of the Partner States serve as sub-registries.
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/