The East African Court of Justice 4th November 2014: The First Instance Division today resumed its month long session and granted leave to withdraw an Application filed by a Tanzanian resident, Mr. James Alfred Koroso, seeking an interim order that the Government of Kenya does deposit the amount of Ksh 28,475,737 being the decretal amount awarded to the Applicant by the High Court of Kenya.
The Applicant sought leave of Court to withdraw the application under Rule 51(b) of the Rules of Procedures of the East African Court of Justice which provides that, “An Applicant or a claimant may discontinue its reference or claim against all or any of the respondents or may withdraw any part of the Reference or claim; and the respondent may in similar manner discontinue or withdraw its counter claim”.
Counsel for the Applicant told Court that he should be allowed to withdrawal the Application because the prayers that were sought will be dealt with in the main Reference.
The Court therefore declared the Application as withdrawn and ordered that the costs shall abide the outcome of the main Reference.
The subject of the main Reference (Case) is that the Applicant (Alfred Koroso) a business man from Moshi, Tanzania, was arrested and placed in custody at Taveta Police Station in Kenya on 17th December 1993; he was charged with robbery with violence and later acquitted on 7th December 1995 after he was found not guilty. The Applicant after being acquitted then filed a case in the High Court Kenya at Nairobi on 15th November 1996 for payment of damages for wrongful arrest, confinement and prosecution by the Government of Kenya. He was successful and the Court ordered that he should be paid Ksh 21,000,000 plus interest and cost.
The Applicant claims that the amount awarded to him was supposed to be paid within 30 days from the Date of the judgement of the High Court of Kenya on 25th March 2013 but it has never been paid to date.
Mr. Koroso (the Applicant) therefore alleges that the refusal, failure and frustration of the decree by the Government of Kenya is an infringement of Articles 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community.
He further alleges that he has continued to suffer and is incurring more damages and he is therefore claiming the said decretal sum and an additional amount of 5,086,465 Ksh as liquidated damages and
The Reference will be heard later.
The Counsels present in Court were Mr. Selemani Kinyunyu Lawyer for the Applicant and Mr. Charles Mutinda Princple Litigation representing the Attorney General of Kenya both appeared before the Bench of the First Instance Division, Honourable Justices, Jean Bosco Butasi (Principal Judge), Isaac Lenaola Deputy (Principal Judge), Dr. Faustin Ntezilyayo, Lady Justice Monica Mugenyi and Justice Fakihi A. Jundu in open Court.
Notes for Editors;
Rule 51 (1) Provides that; An Applicant or a claimant may discontinue its reference or claim against all or any of the respondents or may withdraw any part of the Reference or claim; and the respondent may in similar manner discontinue or withdraw its counter claim”.
Article 6 (d) of the Treaty provides that, good governance including adherence to the principles of democracy, the rule of law, account ability, transparency, social justice, equal opportunities, gender equality, a s well a s the recognition, promotion and protect ion of human and peoples right s in accordance with the provisions of the African Charter on Human and Peoples’ Rights;
Article 7 (2) provides that; The Partner States under take to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
For more information, please contact:
Ms. Geraldine Umugwaneza, Ag. Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
Tel: +255 784 835021; Email: othieno@eachq.org