Court to Hear Cases On Uganda, Deliver Judgement On Kenya Constitution Case

EA Court Of Justice to Hear Cases On Uganda, Deliver Judgement On Kenya Constitution Case

Court to also deliver ruling on terminal benefits for staff of defunct EAC 

Arusha, 23 September 2011:

The First Instance Division of the East African Court of Justice (EACJ) will from Tuesday next week hear two applications originating from Uganda, deliver judgement in a case challenging the legality of the new Constitution of Kenya, while a Ruling on Preliminary Objections will be delivered on a fourth.The four cases that will be brought before Principal Judge Honourable Mr. Justice Johnston Busingye, the Deputy Principal Judge Honourable Lady Justice Mary Stella Arach Amoko, Honourable Mr. Justice John Mkwawa, Honourable Mr. Justice Jean Bosco Butasi and Honourable Mr. Justice Isaac Lenaola include:1. Application Number 7 of 2011 (Arising from Reference No. 2 of 2011) The East Africa Law Society Versus The Attorney General of the Republic of Uganda and The Secretary General of the East African Community

2. Application No. 6 of 2011 (Arising from Reference No. 6 of 2011) Democratic Party and Mukasa Fred Mbidde Versus The Secretary General of the East African Community and The Attorney General of the Republic of Uganda

3. Reference No. 2 of 2010 Emmanuel Mwakisha Mjawasi and 748 Others Versus The Attorney General of the Republic of Kenya

4. Reference No. 7 of 2010 Mary Ariviza and Okotch Mondoh Versus The Attorney General of the Republic of Kenya and The Secretary General of the East African Community

The first cause is an application arising from Reference No. 2 of 2011. The Applicant, the East African Law Society is seeking leave to amend its pleadings in terms of an Amended Reference attached to the application. The Application will be heard on Tuesday 27 September 2011.

The second cause is also an application arising from Reference No. 6 of 2011. The Applicants, the Democratic Party and Mukasa Fred Mbidde are seeking Interim Orders restraining and prohibiting the East African Legislative Assembly (EALA) and the Attorney General of Uganda and the Parliament of the Republic of Uganda from conducting and carrying out any Elections, assembling, convening, recognising ,administering oath of office or otherwise, however presiding over or participating in the Elections of the Representatives of Uganda and recognizing of any names of nominees as duly elected to the EALA until the Rules of Procedure of the Parliament of Uganda 2006 are amended. The application will be heard on Wednesday 28 September 2011.

The third cause is a reference by Emmanuel Mwakisha and 748 others, whose subject is the Applicants unpaid terminal benefits for the services rendered to the defunct East African Community (EAC) that constitutes a breach of article 6(d) and 7(2) of the Treaty. The ruling will be on preliminary points of law:

I. Jurisdiction of the court
II. Res Judicata (a matter settled by judgement)
III. Exhausting of local remedy

The ruling will be delivered on 29 September 2011.

The fourth case is also a reference by Mary Ariviza and Okotch Mondoh whose subject is the process and subsequent promulgation of the New Constitution of Kenya on 27 August 2010 as being a contravention and violation of the Treaty for the Establishment of EAC and therefore null and void and that the2nd Respondents inaction has aided and abetted the violation of the Treaty. The Judgement will be delivered on Thursday 29 September 2011.

The above listed causes will be considered in open Court, 1st Floor, Leopard Tours Company Limited Building along Arusha-Moshi Road.

About the EACJ

The East African Court of Justice (EACJ or the Court), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established 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
Email: ruhangisa@eachq.org

Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org

Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
Tel: +255 784 835021; Email: othieno@eachq.org

East African Court of Justice
Arusha,Tanzania
http://www.eacj.org

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