REGISTRY / Pending Cases

DATE FILED CITATION AND SUMMARISED SUBJECT MATTER
1 12th, March 2021 REFERENCE NO. 12 OF 2021 EAST AFRICAN LAW SOCIETY v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA & THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

The Applicant allege that the 1st Respondent’s act of blocking access to internet-based social media platforms and online messaging applications including Facebook, Twitter, WhatsApp, Instagram and others, in addition to the online mobile application stores, Google Play Store and App Store and further ordering the blocking of access to over 100 Virtual Private Networks (VPN) barring any attempts to circumvent its aforementioned internet censorship. That the said acts were in breach of Articles 6(d), 7(2) and 8(1)(c) of the EAC Treaty.

The Applicant also alleges that the 2nd Respondent’s failure to investigate and submit its findings to the Republic of Uganda in the context of the restrictions was an abdication of its duty under Article 29 of the Treaty

2 22nd, June 2020 REFERENCE NO. 18 OF 2020 MALE H. MABIRIZI K. KIWANUKA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant alleges that the decisions/directives contained in the Uganda Revised Road Map for 2020/2021 General Elections issued by the Uganda Electoral Commission on 16th June 2020 are unlawful and infringements on the fundamental and operational principles of the community which include good governance including adherence to the principles of democracy, the rule of law, accountability, transparency and the maintenance of universally accepted standards of human rights

3 16th, June 2020 REFERENCE NO. 17 OF 2020 JUBA AIRPORT CITY PARK LIMITED v. THE ATTORNEY GENERAL OF SOUTH SUDAN

The Applicant alleges that it is the legal owner of land measuring 886,555 square metres and that the illegal action of the Government of the Republic of South Sudan of expropriating the said land without its consent and transfer the same to the United Nations mission as being contrary to the Treaty of the East African Community.

4 11th, June 2020 REFERENCE NO. 16 OF 2020 ADAM KYOMUHENDO & ANOTHER v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicants allege that the proposal and preliminary actions by the government of the Republic of Uganda to establish a geothermal electricity project at Kibiro Hotsprings, Village and Site of its Ancient Salt Manufacturing Works located in Kigorobya Sub-county, Hoima District, Republic of Uganda without prior and adequate consultation of the Banyakibiro indigenous people or the Kingdom and people of Bunyoro-Kitara. That if the project materializes will have a permanent and deleterious effect on the culture as well as the human rights of the indigenous population, destroy the ecosystem, scenic beauty, religious integrity, sacredness and inviolability of the Kibiro Hotsprings and Ancient Salt Manufacturing Village in ways that monetary/pecuniary compensation cannot adequately compensate.

5 26th, May 2020 REFERENCE NO. 15 OF 2020 LEGAL BRAINS TRUST (LBT) LTD v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA

The Applicant alleges that several actions and/or decisions of the Uganda’s Judiciary, Judicial Service Commission, President and Parliament of releasing, recommending, nominating, vetting, approving and effecting the appointment of Hon. Lady Justice Jane Frances Abodo, a Judge of the High Court of Uganda as a Director of Public Prosecution (DPP) are unlawful and an infringement of the fundamental and operational principles of the East African Community, to wit, good governance, including adherence to the principles of democracy, the rule of law, accountability, transparency, equal opportunities and maintenance of universally accepted standards of human rights as enshrined in Articles 6(d) and 7(d) of the Treaty for the Establishment of the East African Community

6 22nd, May 2020 REFERENCE NO. 14 OF 2020 ISAAC E. N. OKERO & 4 OTHERS v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA, THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY AND LAKE VICTORIA BASIN COMMISSION

The subject is the alleged 1st Respondent’s violation of the letter and spirit of the Treaty by abdicating its responsibilities of proper management of the outflow in failing, neglecting and/or refusal to otherwise adhere to a policy for the release of water into the river Nile at Jinja from Lake Victoria that has following the advent of the long anticipated long rains of the East African short rains season of 2020 caused substantial increases of water levels at the Lake shorelines and the backflow of some rivers terminating in the Lake thereby causing extensive flooding.

7 18th, May 2020 REFERENCE NO. 13 OF 2020 KIOO LIMITED v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The subject is the Business Laws (Amendment) Act, 2020 which became effective on 18th March 2020 amending Kenya’s Excise Duty Act, 2015 by imposing excise duty at the rate of 25% on imported glass bottles, excluding glass bottles for packaging pharmaceutical products. The Applicant alleges that the Excise Duty Act does not grant exemptions to goods imported into Kenya from the EAC Partner States and therefore the new excise rate of 25% will apply to glass imported into Kenya from Tanzania and other Partner States therefore discriminatory and violation of the spirit and letter of the Treaty for the Establishment of the East African Community, the East African Community Customs Union Protocol and the East African Community Common Market Protocol and that it also inhibits the free movement of goods as envisaged in the spirit of the Treaty, the Customs Union Protocol and the Common Market Protocol.

8 8th, May 2020 REFERENCE NO. 12 OF 2020 ALLY BANANGA MWATIGA v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

The subject is the allegation that the resolution by the East African Legislative Assembly to hold the 4th meeting of its 3rd Session Virtually as being in contravention of the EALA Rules of Procedure and therefore contravenes Article 6(d) of the Treaty for the Establishment of the East African Community

9 4th, May 2020 REFERENCE NO. 11 OF 2020 ADAM KYOMUHENDO v. THE ATTORNEYS GENERAL OF THE REPUBLIC OF UGANDA, KENYA, UNITED REPUBLIC TANZANIA, RWANDA, BURUNDI, SOUTH SUDAN AND THE SECRETARY GENERAL OF THE EAST AFRICA COMMUNITY

The subject is the alleged ineligibility of the admission of the Democratic Republic of Congo to the East African Community for failure to protect and promote the human rights by detaining arbitrarily, incommunicado, extra-legally and in very pitiful or squalid conditions of Samuel William Mugumya, Stephen Mugisha, Aggrey Kamukama, Joseph Kamugisha, Nathan Bright and 35 other citizens of the Republic of Uganda in various prisons and detention facilities including Ndolo Military Prison run and operated by the Democratic Republic of Congo using its agents, proxies, servant or auxiliaries under its direct command, influence and control thus failing to meet the requirements under Articles 3(3)(a) (b) and (f) of the Treaty for the Establishment of the East African Community

10 28th, April 2020 REFERENCE NO. 10 OF 2020 INCLUSIVE DEVELOPMENT FOR CITIZENS & ANOTHER v. THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA

The subject is the allegation that the practice of expulsion of pregnant girls from schools backed up by the Education (Expulsion and Exclusion of Pupils from Schools) Regulations, G.N.No. 295 of 2002 under Regulations 4(b), (c) and 7(b) which are broad and vague is a violation and infringement of The Constitution of the United Republic of Tanzania, Articles 6(d), 7(2), 8(1)(c) of the Treaty for the Establishment of the East African Community and Article 17 of the African Charter on Human and Peoples’ Rights


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