East African Court of Justice Arusha, 23 April 2015: The First Instance Division today heard a case challenging the Government of the Republic of Uganda for the alleged refusal by the President to appoint more Judges of the Supreme Court, Court of Appeal and the High Court.
Mr. Ladislaus Rwakafuzi representing the Applicant Mr. Simon Peter Ochieng and John Tusiime both Ugandans, submitted to Court that the President of Uganda failing to respect the recommendation of the Judicial Service Commission on the appointment of more Judges to these respective Courts following the resolution by the Parliament of Uganda to increase the number of judges as stipulated in Article 138(1)(b) of the Constitution is a breach of the Treaty for the Establishment of the East African Community under Article 6 (d) and 7 (2) on fundamental principles of the Community and therefore its abuse of power.
The Counsel for the Applicants added that the alleged refusal by the government is an abuse of power and the President is exercising a discretion he does not have. He further said that the names of the judges for appointment were seconded and presented to the President and that there has not been any action, which has caused some consequences such as some cases not being handled due to limited number of Judges. Rwakafuzi stated that following the resolution by Parliament the number of judges of the Supreme Court should be increased from 7 to 11, the Court of Appeal from 8 to 15 and the High Court from 50 to 82 which has not been fully acted upon. He therefore told Court that the refusal to respect the recommendation of the Judicial Service Commission regarding the recommendation by the Parliament is a breach of law.
Ms. Christine Kaahwa Commissioner representing the Attorney General of Uganda submitted that the appointment of Judges for the Supreme Court, Court of Appeal and the High Court of Uganda is in process and that there is no refusal by the President to appoint more Judges as it is alleged by the Applicant.
Ms. Kaahwa further stated that the process of the appointment of four Justices of the Supreme Court; seven Justices of Appeal; and sixteen Judges of the High Court is on-going following the conclusion of the interviews exercise in November, December 2014 and March 2015 respectively.
Ms. Kaahwa also said that there is no proper binding and endorsed resolution by the Parliament as such to appoint Judges. However, that there is a good spirit by the government to increase the Judges. She further submitted that the government has delayed to appoint the Judges due to budgetary constraints.
Ms. Kaahwa therefore asked Court to find that there is no breach of the Treaty and to dismiss the matter.
Also present in Court for the Attorney General of Uganda were Mr. Oburu Odoi Jimmy Principal State Attoney and Ms. Kukunda Clare State Attorney.
The Court will deliver its Judgement on notice
The matter came before Justices Isaac Lenaola Deputy Principal Judge, Lady Justice Monica Mugenyi and Justice Fakihi A. Jundu.
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 Court has the Sub-Registries in the Partner States’ National Courts.
Article 138 (1) (b) of the Constitution of Uganda provides that; The High Court of Uganda shall consist of-
- (a) the Principal Judge; and
- (b) Such number of Judges of the High Court as may be prescribed by Parliament.
Article 6 (d) of the treaty for the Establishment of EAC provides that; good governance including adherence to the principles of democracy, the rule of law, accountability, 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)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;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/