Case Number | REFERENCE NO. 17 OF 2014 |
Summary | The above Reference was scheduled for hearing of oral evidence on 8th and 9th September 2015. However, on 8th September 2015, the Respondent raised a preliminary point of law premised on Section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act, 2003; the gist of which was that the Applicant and her witnesses were members and/ or officers of the East Africa Legislative Assembly (EALA) but had not secured leave from the Assembly to adduce evidence before this Court. This Court did at first instance find that the preliminary point of law was improperly raised before it given that it contravened the spirit of Rule 41(2) of the East African Court of Justice Rules of Procedure (hereinafter referred to as ‘the Rules’), which essentially is to avert trial by ambush and the attendant delays to proceedings before this Court. |
Respondent | THE SECRETARY GENERAL, EAST AFRICAN COMMUNITY |
Complainant | RT. HON. MARGARET ZZIWA |
Date filed | |
Countries | East African Community |
Keyword | EALA |
Treaty Article |
First Instance Judgment
Verdict | In conclusion, we find that it has not been satisfactorily established before us that the evidence the Applicant intends to adduce before this Court does, in fact, fall within the ambit of section 20 of the EALA (Powers and Privileges) Act. We take the view that it would be premature at this stage to forestall her evidence on the pretext that it does not comply with the provisions of section 20 of the said Act. We do, nonetheless, reiterate our position herein that the Act is valid Community law and must be complied with by all witnesses that seek to adduce evidence that falls within the parameters thereof. The only exception in this regard would be the Clerk to the Assembly who, as we have held hereinabove, was summoned as a witness in this matter pursuant to a Court Order. 42. In the final result, we do hereby over-rule the objections raised by the Respondent with costs to the Applicant. Dated at Arusha this 6th day of November 2015. |
PDF document | Download the decision as PDF |
Date delivered | November 6, 2015 |
Quorum |
Appeal Judgment
Verdict | |
PDF document | |
Date delivered | |
Quorum |