| EACJ Asked to Dismiss Case Challenging Roadmap for Political Federation |
Court to deliver ruling on 19 JulyArusha, 13 July 2012 : The EAC Secretary General Amb. Dr. Richard Sezibera today asked the East African Court of Justice to dismiss with costs an application seeking an interim order to restrain the EAC Secretariat from executing a directive by the Summit of Heads of State to recommend a roadmap for the attainment of the East African Political Federation.Appearing before the First Instance Division of the Arusha-based Court, Mr. Antony Kafumbe, counsel for the Respondent (EAC Secretary General) opposed the application arguing that an injunction should not be granted because the Applicant, Mr. Timothy Alvin Kahoho, had yet to show a prima facie case with a probability of success and irreparable damage to him if the injunction were not granted. The application Mr. Kahoho lodged challenges the Summit’s authoring of instructions to the Secretariat, among which is one to propose an action plan on and a draft model of the structure of the East African Political Federation. In Mr. Kahoho’s view these directives, made by the 13th Ordinary Summit held in Bujumbura in November 2011, were an infringement of Article 11 (5) of the EAC Treaty, which provides that while the EAC’s supreme Organ may delegate the exercise of any of its functions to one of its own, the Council of Ministers or to the Secretary General, there is no provision for the Summit to give directives to the Secretariat. Mr. Kahoho argued that it is only the Council of Ministers and Partner States that can spearhead the process of establishment of the Political Federation and not the Secretariat as was directed by the 13th Summit and further told Court that his application is in the interest of all citizens of East Africa, who he asserted stand to benefit from adherence to Treaty provisions by the Summit, the Council and the Partner States. He prayed that Court grants the orders sought with costs to him. The EAC Secretariat’s legal representative however countered that an injunction at this stage would not serve any purpose since the activities the Applicant wants frozen had already been funded and carried out and that the Secretariat would submit whatever outcomes thereof to the Council of Ministers where Partner States will have ample opportunity to contribute to this process; concluding thus that no serious case for grant of the injunction had been made. The other Summit directives that Mr. Kahoho wants the EAC Secretariat blocked from executing cover the conclusion of the protocol on immunities and privileges for the East African Community, its Organs and Institutions; producing a roadmap for establishment and strengthening institutions identified by a team experts as critical for the functioning of the Customs Union, Common Market and Monetary Union and; formulating an action plan for the purpose of operationalizing the other recommendations in the report of the same team of experts. The Secretariat is expected to present for consideration a report on these and other matters by the 14th Ordinary Meeting of the Summit due in November this year. Court will deliver its ruling on Thursday 19 July 2012. About the EACJ The East African Court of Justice (EACJ or the Court), is the judicial arm of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Operationalized 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: Dr. John Ruhangisa, Registrar Ms. Geraldine Umugwaneza, Deputy Registrar Owora Richard Othieno, Head of Department; East African Court of Justice |
