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.

RespondentThe Secretary General of the East African Community
ComplainantTimothy Alvin Kahoho
Date filed
CountriesEast African Community
KeywordReview
Treaty ArticleArticle 35 , Rule 72 , Rules of Procedure 2013

First Instance Judgment

Verdict
PDF document
Date delivered
Quorum

Appeal Judgment

VerdictThe Application for review was dismissed for non appearance of the Applicant.
PDF documentDownload the decision as PDF
Date deliveredNovember 9, 2015
Quorum