East African Court of Justice Arusha, 28th November 2014: The East African Court of Justice First Instance Division delivered a judgment on a matter between Henry Kyrimpa (Applicant) and the Attorney General of Uganda (Respondent).
The subject of the matter is principally a challenge to the signing of a Memorandum of Understanding (MoU) on 20th June, 2013 between the Government of Uganda and MS Sinohydro Corporation Limited, a Chinese Company, and whether the said MoU was shrouded in mystery, secrecy and manipulation by officials of the Government of Uganda. Further, the matter was premised on a resolution of the issue as to whether the signing of the MoU was transparent, objective, fair and competitive and also whether it was full of illegalities, arbitrariness, and discrimination and involved scheming by power brokers and influential members of the Government of Uganda.
The Applicant sought orders (a) declaring the selection by the Government of Uganda and subsequent signing of the memorandum a breach and an infringement of Articles 6(c) and (d), 7(2) and 8(1) of the Treaty and (b) enforcing and directing immediate compliance with the Treaty and/or performing state obligations and responsibilities of the Government of Uganda under the Treaty by directing it to cancel the MOU, to comply with the Court Order in Nakawa HCMC No. 11 of 2013 and reinstating status quo before the selection of Sinohydro Corporation Ltd. The Applicant also prayed for costs to be paid by the Respondent.
The Court in delivering the judgment answered all issues in negative and dismissed the case. Each party ordered to bear it own cost. The Court concluded its judgement by giving a piece of advice to Partner States that while they conduct bilateral matters, they must do so openly, transparently and within their Constitutions and Statutes. It is the Court opinion that to go outside those parameters may well mean that the principles of good governance and rule of law would be violated and its intervention would be necessary.
Note to Editors
Article 6
The fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include:
(c) peaceful settlement of disputes;
(d) good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.
Article 7 (2)
The Partner States undertake 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.
Article 8(1)
The Partner States shall:
(b) co-ordinate, through the institutions of the Community, their economic and other policies to the extent necessary to achieve the objectives of the Community