Case Number | APPLICATION NO. 2 OF 2015 (ARISING FROM APPEAL NO. 2 OF 2013) - REVIEW |
Summary | The Applicant Appellant, a Tanzanian journalist, filed Reference No 1of 2012 averring inter alia that: Summit had contravened Articles 73 and 138 of the Treaty when it directed the conclusion of the Protocol on Immunities and Privileges because these were not areas of co-operation to which a Protocol could be concluded within the meaning of Article 151 of the Treaty; And that by mandating the Secretariat to propose an Action Plan and Draft Model for the Political Federation , Summit would be circumventing that process as they should have directed the Council to undertake the process. This circumvention would violate Article 123 (6) of the Treaty. When summit rectified the error during its 14th meeting, by directing Council to consider the process, the Applicant contended that the even then, a violation of Article 123 (6) continued. The Applicant also deponed that the process towards a Political Federation cannot be a preserve of the Council or Summit but must involve all citizens of the Partner States. The Appeal was dismissed. Being aggrieved with the decision of the Court dismissing the case, he applied for a review. |
Respondent | The Secretary General of the East African Community |
Complainant | Timothy Alvin Kahoho |
Date filed | |
Countries | East African Community |
Keyword | Review |
Treaty Article | Article 35 , Rule 72 , Rules of Procedure 2013 |
First Instance Judgment
Verdict | |
PDF document | |
Date delivered | |
Quorum |
Appeal Judgment
Verdict | The Application for review was dismissed for non appearance of the Applicant. |
PDF document | Download the decision as PDF |
Date delivered | November 9, 2015 |
Quorum |