REGISTRY / Pending Cases

DATE FILED CITATION AND SUMMARISED SUBJECT MATTER
1 14th, January 2022 REFERENCE NO. 1 OF 2022 MALE H. MABIRIZI K. KIWANUKA V THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant alleges that the acts of the Respondents agents of striking out a case without looking into merits, on ground that the applicant did not have sufficient interest in MTN Uganda LIMITED; Uganda Peoples Defence Forces Entry to Democratic Republic of Congo; Uganda Revenue Authority requiring Tax Identification Numbers (TIN) for both purchases and sellers of land transacting at Ugx 10,000,ooo[Uganda shilling Ten Million Only];Appointment of Ambassadors who both serving officers of Uganda Peoples Defence Forces; Decision of SSEKAANA MUSA, Judge of the High Court of Uganda civil division, refusing to recuse himself from handling a case; Action and decision of Uganda police force, director of public prosecution and Buganda road chief magistrate to charge and remand to prison KAKWENZA RUKIRABASHAIJA, for disturbing peace of Yoweri Kaguta Museveni and his son Muhoozi Kainerugaba without any complaint made to police by the said persons, are unlawful and amount to infringement of Article 6(d), 7(2) and 30(1) of The Treaty for the Establishment of East African Community. 

2 30th, December 2021 REFERENCE NO. 53 TRIBERT AYABATWA RUJUGIRO v. THE ATTORNEY GENERAL OF THE REPUBLIC OF RWANDA

The Applicant alleges that, the actions taken by the Respondent through its liquidation agencies and including a Court of determining the indebtedness of or non-compliance by Nshili Kivu Tea Plantation Limited where he holds shares without his awareness of the circumstances contravene the Respondent’s own laws and therefore is an infringement of 5(3) (g), 6(d), 7(1) (b) and (2), 8(1) (a) and (c), 79(a)-(c) and 80(c) of the Treaty for the Establishment of the East African Community.

3 28th, December 2021 REFERENCE NO. 52 OF 2021 HUMFREY MACKORI NYAGOE v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent’s act through the learned Judge Hon. Lady Justice Maureen Onyango on the 12th November 2021 of wrongly computing his terminal dues, under assessing general damages and the award of interest thereof contravened the rule of law and the universal Principles of Human Rights which governs the East African Community and therefore in contravention of articles 6 and 7 of the Treaty for the Establishment of East African Community.

4 23rd, December 2021 REFERENCE NO. 51 OF 2021 SEMBAJJA MUSA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant alleges that Section 132(b) of the Uganda Evidence Act Cap 6 that grants the authority on the institution of the Directorate of public prosecution in the State of Uganda to withdraw or discontinue criminal prosecution or pardon an accomplice who has committed a felony if necessary to bring him as a State witness is in contravention of the Treaty for the Establishment of the East African Community.

5 10th, December 2021 REFERENCE NO. 50 OF 2021 TIMOTHY OTITI v. THE ATTORNEY GENERAL OF UGANDA

The Applicant alleges that, section 31(2) of the Non-Governmental Act 2016 of Uganda that requires all organizations registered under the companies Act and those that fall under section 3 of that Act to only operate with a valid permit issued by the national Bureau for Non-governmental organization and section 44(a) which requires an organization before carrying out an activities to receive approval of the DNMC and local government of the area of operation and signed memorandum of understanding with the local Government are in contravention of Articles 126(2)(b) and 127(1)(a) of the Treaty for the Establishment of the East African Community

6 10th, December 2021 REFERENCE NO. 49 OF 2021 ABIGABA CHRIS v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant alleges that, the Respondent through his agent the National bureau for non-governmental organizations on the 20th August 2021 through a press release suspended 54 Non-governmental organizations to wit while the rights to freedom of expression and association are guaranteed under articles 9 and 10 of the African Charter on Human and People’s Right which prohibiting states from compelling associations to register, to be allowed to exist and to operate freely, so the actions of the Respondent violate the rights of the Non-Governmental organizations to associate which violates articles 5(3)(a), 6(d),7(2),8,127(a) and 130(1) of the Treaty for the Establishment of the East African Community.

7 8th, December 2021 REFERENCE NO. 48 OF 2021 MALE H. MABIRIZI K. KIWANUKA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA & SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

The Applicant alleges that the 17th November 2021 decision by Yoweri K. Museven signing off as President of The Republic of Uganda to recommend Justice Monica Kalyegira Mugenyi to the East African Community for appointment as Judge of East African Court of Justice herself having already served her seven year term between 2013-2020 as a Judge of the court, any appointment that may arise from such recommendation, assumption of the office and carrying out any activities or work in that office on the strengths of such recommendation and appointment are unlawful and in contravention of Article 25(1) of the Treaty which sets the maximum tenure of office of 7 years for a person appointed as a Judge of the Court and violation of Articles 6(d) and 7(2) of the Treaty for Establishment of The East African Community.

8 30th, November 2021 REFERENCE NO. 47 OF 2021 HON. FRED MUKASA MBIDDE v. THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI

The Applicant alleges that the Respondent has failed to implement the Judgment delivered by the East African Court of Justice in Appeal No. 02 of 2019 Arising out of Reference No. 02 of 2018 The Attorney General of the Republic of Burundi V The Secretary General of The East African Community & Hon. Fred Mukasa Mbidde Intervener AND Taxation cause No. 1 Arising from Reference No. 02 of 2019 AND Taxation Cause No. 2 Arising from Appeal No. 02 of 2019 Arising out of Reference No. 02 of 2019 the taxed costs of USD 94, 123.0(United States Dollars Ninety Four Thousand One Hundred and Twenty Three) and USD 250, 984.0(United States Dollars Two Hundred and Fifty Thousand, Nine Hundred and Eighty Four), The action of the Respondent are on Legal and Judicial Affairs are in themselves an infringement of Articles 6, 7(2), 8(1)(c) .

9 29th, November 2021 REFERENCE NO. 46 OF 2021 PETER ODIWUOR NGOGE T/A OP NGOGE & ASSOCIATES ADVOCATES v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA AND 9 INTERVENORS

The Applicant alleges that the actions and decisions of the Respondent State through its Court of Appeal and Supreme Court of dismissing his applications contrary to the rules of natural justice without considering the merits are in contravention of Articles 6(d) and 7(2) of the Treaty for the Establishment of the east African Community.

10 24th, November 2021 CLAIM NO. 2 OF 2021 CHARLES NGELEJA KADONYA v. THE SPEAKER OF EAST AFRICAN LEGISLATIVE & SECRETARY GENERAL OF EAST AFRICAN COMMUNITY

The Claimant alleges that, he found challenge because the Speaker with support of the 2nd Respondent sought to break the Financial Rules and disregard the Council decisions, and that is when the Speaker with the support of the EALA Commission initiate the process to illegal suspend the Claimant without the authority from the council, the 2nd Respondent wrote the memo to the Claimant dated 5th August 2021 withdrawing the appointment of Acting Clerk that was made by the Council, which is the violation of the Rules of Procedure of the Assembly.


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