REGISTRY / Pending Cases

DATE FILED CITATION AND SUMMARISED SUBJECT MATTER
1 28th, December 2023 REFERENCE NO. 63 OF 2022 PETER ODIWUOR NGOGE V. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the act of the Respondent State through the judiciary of Kenya by a decision of Hon. Justice Sergon allowing a Notice of Motion application to have proceedings conducted before the Hon. Mr. Justice Chitembwe vacated or varied and/or set-aside before directing that the suit be fixed for further hearing in the detriment of the Applicant contravened Articles 6(d) and 7(2) of the East African Treaty and abused Judicial Powers and obstructed the course of justice and abused the process of court and law.

2 25th, July 2023 REFERENCE NO. 29 OF 2023 NIMROD MUHUMUZA & 3 OTHERS V. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicants allege that the Respondent’s State process and procedure in enactment of the Anti-Homosexuality At, 2023 was done without meaningful and adequate public participation, in a manner that exhibited bias and partiality on the part of the Speaker of Parliament, in contravention of the Respondent’s State own Constitution and therefore an infringement of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.

3 18th, July 2023 REFERENCE NO. 28 OF 2023 PETERSON MWANGI WAITHANGA V. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent’s State judiciary by the Hon. Lady Justice Janet Mulwa in High Court Civil Suit Number 125 of 2014 between him and Marie Stops on an allegedly failed vasectomy failed to accord him a fair hearing by refusing to consider his Written Submissions and List of Authorities in contravention of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.

4 17th, July 2023 REFERENCE NO. 27 OF 2023 MILICENT MREMA V. THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA

The Applicant alleges that the Respondent’s State action of its judiciary not giving her a fair hearing by basing its decisions on sustained preliminary objections in a dispute between her and a telephone company ZANTEL regarding assignment of a specific phone number to her and therefore breaching its obligations as provided under Article 6(d) of the Treaty for the Establishment of the East African Community.

5 26th, June 2023 REFERENCE NO. 26 OF 2023 HON. JUOL NHOMNGEK DANIEL V. THE HON. MINISTER OF JUSTICE AND CONSTITUTIONAL AFFAIRS OF THE REPUBLIC OF SOUTH SUDAN

The Applicant alleges that the Respondent’s State actions through the Speaker of the Transitional National Legislative Assembly, Rt. Hon. Jeema Nunu of suspending him from the Assembly, stopping payment of his emoluments and stopping him from accessing the precincts of the Assembly is an infringement of the fundamental and operational principles of the East African Community enshrined in Articles 6(d) and 7(20 of the Treaty for the Establishment of the East African Community.

6 26th, June 2023 REFERENCE NO. 25 OF 2023 MALE H. MABIRIZI K. KIWANUKA V. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant alleges that the enactment, assent, publication, commencement and provisions of Uganda Anti-Homosexuality Act, 2023 as well the actions, decisions, directives, orders of the various specified organs, agencies, officials and agents of the Respondent State and Government a Partner State are unlawful and infringements on the fundamental and operational principles of the community guaranteed under Articles 6(d) and 7(20 of the Treaty for the Establishment of the East African Community.

7 21st, June 2023 REFERENCE NO. 24 OF 2023 MEGVEL CARTONS LTD V. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent’s State through the acts and omissions of its judicial organ (the judiciary of the Republic of Kenya) in a dispute over the proprietorship of property within Mlolongo area in Athi River sub-county, within Machakos County in the Respondent State measuring 9.186 hectares that was heard at to the Supreme Court which in its ruling held that it lacked jurisdiction to entertain the matter infringed the applicants rights to fair hearing, access to justice and property rights and therefore infringing Articles 6(d), 7(1)(b) & (2) and 8(1)(a) & (c) of the Treaty for the Establishment of the East African Community.

8 20th, June 2023 REFERENCE NO. 23 OF 2023 LAW SOCIETY OF KENYA V. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent State’s decisions of 21st April, 2023 by the Supreme Court of Kenya, a judicial organ of the Respondent State by: unlawfully substituting the words “a person” in Article 22 and 258 of the Constitution and Rules 36 of the Supreme Court Rules, 2020 with the words “a party who is aggrieved by a decision issued against him by the Court of Appeal”; imposing a negative costs order on the LSK in public interest litigation absent a finding of bad faith, ill will, misconduct or frivolity by the Applicant is in violation of Articles 6(d). 7(1)(b), 7(2) and 8(1)(c) of the Treaty for the Establishment of the East African Community.

9 19th, May 2023 REFERENCE NO. 22 OF 2023 SULEIMAN MUHAMED AMOUR V. THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF UGANDA

The Applicants allege that refusal of the Respondents’ States through its agents to enforce the directions of the High Court of Zanzibar in High Court Civil Application Number 79 of 2022 that vehicles belonging to the judgment debtor MECCO Constructions Limited be attached violate the Applicants’ human rights and individual fundamental freedoms entitling them the right to administrative action.

10 16th, May 2023 REFERENCE NO. 21 OF 2023 OKUMU MARTIN T/A NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS EAST AFRICA V. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant allege that the Respondent’s State actions and decisions of its agents by arbitrarily, illegally arresting and charging him and detaining him violate the spirit and letter of the Treaty for the Establishment of the East African Community. the Common Market Protocol and its annexure, schedule of commitments on progressive liberalization of services, Uganda CPC 861, legal profession in which effective 2015 advocates practicing certificates issued in Rwanda are automatically recognized in Uganda without any further restrictions.


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