| EACJ Dismisses Case Challenging Roadmap for Political Federation |
Arusha, 19 July 2012: The First Instance Division of the EACJ has dismissed a case seeking to block the East African Community Secretariat from carrying out activities geared towards the realization of the East African Political Federation.In Arusha today the Court ruled that Mr. Timothy Alvin Kahoho’s Application seeking an interim order to restrain the EAC Secretariat from executing directives, including formulating a roadmap for the attainment of the East African Political Federation. The 13th Ordinary Summit of Heads of State held in Burundi last November issued the directives. The Court found that the Application, though showing a prima facie case, does not show that the Applicant would suffer irreparable injury if the injunction was not granted and further that granting the injunction sought would inconvenience the Secretariat, which has gone a long way in the process of implementing the contested directives, more than refusal to grant the same would the Applicant. Mr. Kahoho’s assertion that if the injunction is not granted “it would enable a Head of State to dream up something one night and implement it the next day” was dismissed by the Court as hypothetical, unsupported by evidence and amounting to nothing but fear mongering. Furthermore, Court held that stopping the process at this stage would occasion more injury to the citizens of East Africa whom the Applicant purports to be fighting for since substantial sums of tax payers’ money have already been spent on the implementation of the directives and the applicant seems to be challenging the procedure, not the substance, of the same. The Application was dismissed with orders that the costs shall be decided once the outcome of the main case, which is still pending, has been determined. However the Judges requested the Registrar to fast track the hearing of the main Reference so the Applicant’s fears are examined with expedition. Mr. Kahoho had lodged an Application challenging the Summit’s giving of directives to the Secretariat as a breach of the Treaty. Among directives in question is one to propose an action plan on and a draft model of the structure of the East African Political Federation, one on the conclusion of the protocol on immunities and privileges for the East African Community, its Organs and Institutions, one on producing a roadmap for establishment and strengthening of institutions identified by a team of experts as critical for the functioning of the Customs Union, Common Market and Monetary Union and one on formulation of an action plan for the purpose of operationalising the other recommendations in the report of the same team of experts. In Mr. Kahoho’s view these directives were an infringement of Article 11 (5) of the EAC Treaty, which provides that while Summit may delegate the exercise of any of its functions to the Council of Ministers or to the Secretary General, there is no provision allowing it to give directives to the Secretariat. Mr. Antony Kafumbe, counsel for the Respondent (EAC Secretary General) and Mr. Timothy Alvin Kahoho, the Applicant, in person, appeared before the Court. Justices Johnston Busingye, Stella Arach-Amoko and Isaac Lenaola delivered the ruling. 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 |
