East African Court of Justice Arusha 12 March 2015: The Judges and Magistrates Vetting Board composed of members from Kenya, Uganda and Tanzania visited the Court to see and know its operations. The team led by Roseline Odede the Vice Chairperson of the Board paid courtesy call to the Judge President Hon. Justice Dr. Emmanuel Ugirashebuja to familiarize themselves with the Court.
The Judge President welcomed the team and thanked them for considering the Court in their programmes. He also informed them that the Judge President and the Principal Judge are currently the only resident Judges at the Court the rest of the Judges are still serving on ad-hoc basis at the same time some serving in their respective National Courts and they come to Arusha only when there is business.
His Lordship further told the delegation that the Court has two divisions the Appellate and the First Instance Divisions each has a bench of five Judges who are appointed by the Heads of State and every Judges serves a term of seven years only.
Justice Ugirashebuja also told the team that the Court has the jurisdiction to interpret and apply the Treaty for the establishment of the East African Community. He added that a number of cases filed to EACJ are disputes on violation of principles of the Community under Article 6 of the Treaty on good governance, including adherence on principles of democracy, rule of law, democracy, accountability, transparency among others. His Lordship further mentioned that the Summit in February extended the jurisdiction of the Court to cover matters on trade and investment; he however stressed the challenge of limited jurisdiction to handle matters of human rights issues. He said that the Court can not purely handle Human rights disputes until the Courts jurisdiction on human rights is extended.
The President of the Court further said that the Court has jurisdiction to entertain arbitration disputes and so far received one matter.
The Judge President again informed the delegation that the Court is not well known in the Region and it has embarked on training of Judges in the National Courts on referring matters of the Preliminary ruling to the EACJ, so far last year the Court went to the Republics Uganda and Rwanda and is in the process to go to other Partner States. He said that the trainings also covers the Civil Society Organizations to create a awareness on how to file cases to the Regional Court, the procedures and operations to the citizens since several cases are being brought by the individuals.
His Lordship further expressed the challenge of delay in determining the cases pending before the Court due to ad-hoc nature of work of the Judges especially in the First Instance Division. He said that it would reduce on the back log of the Court if the Judges of the First would be permanent residents at the location of the Court.
He finally told the group that the Court established Court Sub-registries in the Partner States in away to bring justice closer to the people of East Africa. That the Court has also introduced the online Case Management System which will support the Court to run the process of filing cases so fast as well as litigants after the EACJ Rules of procedure have been adopted.
The Vice President of the Judges and Magistrates Vetting Board Ms. Roseline Odode thanked the Judge President and commended the Court for the good work especially in information storage and digitization which was the main purpose of their visit and recommended the Court to ensure it is starts the operation of the System.
The Board members currently include members from the three Partner States Kenya, Uganda and Tanzania and planning to include Rwanda and Burundi on Board.
Notes for Editors
Judges and Magistrates Vetting Board is a statutory body with the mandate of vetting all the Judges and Magistrates to determine their suitability to continue serving in the judicially. The Process of vetting is part of a transitional process from the old constitution to the new constitution promulgated in 2010. The Board is composed of Retired Chief Justices and Judges (Rtd) of different Partner States and Commissioners.
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