East African Court of Justice

3 weeks ago

Hon Adan Mohamed Cabinet Secretary for East African Community & Regional Development Republic of Kenya & the Chair of EAC Council of Ministers at the official closing of the induction of EACJ new Judges, calls on the judges to step up to support the Council and other EAC Organs to resolve disputes that are affecting the region and emphasized on the need to see more independent judiciaries in dealing with issues faced by the EAC Member States or individuals on disputes by delivering historical judgments. Hon CS further indicated that these disputes may arise through the implementation of the Treaty, and the Protocols for the Establishment of EAC especially trade disputes touching the Common Market and Customs Union Protocols. Hon Adan also expressed the need for the key financial resource challenge that EAC is facing where the big funding support is done by the Development Partners and that the Partner States need to put measures to mitigate several challenges that delay the implementation of these Protocols.
The CS applauded the Court for the progressive jurisprudence which has served as a guiding light for the National Courts as well as other Regional and International Courts. That the Court has continued to strengthen the rule of law and development of human rights standards by boldly denouncing human rights violations. The Cabinet Secretary congratulated the newly appointed Judges and pledged to work together to contribute to the realization of the EAC Integration agenda.

The President of the Court Justice Nestor Kayobera in his remarks said that Interventions have underlined and confirmed that the rule of law requires the timely enforcement of judicial decisions. Judicial independence and the right to a fair trial are in vain if those decisions are not enforced. And enforcement has been shown to be essential to ensure the trust of the public in the authority of the judiciary and for upholding its legitimacy and this is the final tool for protecting and restoring violated rights and freedoms. This equally applies to the rights and freedoms enshrined in the Treaty and Protocols for the Establishment of the East African Community.

His Lordship commended the former Judges who found time to take the new judges through these key areas on the Court’s procedures, its jurisprudence, the place of international law at EACJ, experience of a judge trained in the civil law, the role of a presiding judge, judgment writing, digital operations of the court among others, all that have enriched their understanding of the EACJ. “We are immensely grateful to the out going President Justice Dr Emmanuel Ugirashebuja and outgoing Principal Judge Lady Justice Monica Mugenyi of the EACJ for their presence and shared insightful leadership experiences at EACJ, the experience of the Court - the progress as well as the challenges – are important for us from the perspective of learning lessons." Justice Kayobera said.

The President of the Court also thanked the Registrar and staff of the Court for their tireless efforts to make this induction a success and encouraged them to maintain the sprit to make the Court achieve its mandate. He further strongly appreciated the Development Partner RWI for the support offered to EACJ and pledged to continue strengthening the cooperation in various areas where the Court needs more support.

His Lordship concluded by pledging his full support and good collaboration with the Judiciary of Kenya and the Ministry of EAC Affairs & Regional Development Kenya to continue working together in ensuring the Court’s vision, mission towards integration process is achieved.

The 6 new Judges of the Court were appointed early this year in February 2021 during the EAC Heads of States’ Summit. The 5 days induction was held at Safari Park Nairobi, Kenya which started this week on 12th. ... See MoreSee Less