Coming up for hearing: on 9th March 2022.
Reference filed: on 8th November 2021.
Rules: 4, 52 & 53 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Admission of evidence.
The Applicant, Prof. Paul Kiprono Chepkwony seek for an order admitting a report prepared by a team of experts Eden Therapy Centre and the same to form part of their petitioned documents. Also prays costs incidental to this Application abide by the Judgement.
The grounds of the Applicant Application are premise on the facts among others that, the content of the Report captures salient issues that are adversely affecting the Claimants (the children) and their parents and/or guardians. That, the content of the report is crucial in making this Honourable Court appreciate the Respondent’s failure to perform its duty under the Treaty for the Establishment of the East African Community.
Further that, the Report is quite significant as it has been prepared by a team of experts whose expertise have revealed the appalling human rights violations that the Respondents have visited on the children and their family members.
The need to assess the situation on the ground was necessitated by the fact that one of the claimants has been traumatised by the unlawful eviction to the extent that, adducing evidence before this Honourable Court was a big problem. The report fills in the gap to have the one from the children’s officer who did not testify.
That ordinarily the children officer would have been a crucial witness in highlighting the condition and general welfare of the children
It is imperative and in the best interest of justice that the report be admitted which is not prejudicial to the Respondent.
The Respondent on his part, opposes this Application on several grounds.
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Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org