.....The sitting in Dar es Salaam is the 2nd sitting EACJ is holding in the Partner States, the first one having been held in Nairobi-Kenya during the Anyang Nyongo case, in 2008.
The East African Court of Justice First Instance Division will on Wednesday, April 17, 2013 to Thursday, April 18, 2013 hold its first sitting out of Arusha.
The Division will hear the first case of the 2nd Quarterly session in Dar es Salaam- Tanzania. The sitting in Dar es Salaam is the 2nd sitting EACJ is holding in the Partner States, the first one having been held in Nairobi-Kenya during the Anyang Nyongo case, in 2008.
The case which will be heard in Dar es Salaam was filed by Mr. Timothy Alvin Kahoho from the United Republic of Tanzania, against The EAC Secretary General, seeking for orders to restrain the East African Community Secretariat from carrying out activities geared towards the realization of the East African Political Federation.
Alvin Kahoho is challenging a number of directives of the 13th Ordinary Summit of Heads of State held in Burundi in November 2011, for being an infringement of Article 11 (5) of the EAC Treaty, which provides that “The Summit may delegate the exercise of any of its functions, subject to any conditions which it may think fit to impose to a member of the Summit, to the Council or to the Secretary General, there is no provision allowing it to give directives to the Secretariat.”
Among the directives in question, is one to propose an action plan on and a draft model of the structure of the East African Political Federation, one on the conclusion of the protocol on immunities and privileges for the East African Community, its Organs and Institutions, one on producing a roadmap for establishment and strengthening of institutions identified by a team of experts as critical for the functioning of the Customs Union, Common Market and Monetary Union and one on formulation of an action plan for the purpose of operationalizing the other recommendations in a report of a team of experts.
On 19th July 2012 the First Instance Division dismissed an application seeking interim orders to restrain the EAC Secretariat from executing the above directives. The Court found that the application did not show that the Applicant would suffer irreparable injury if the injunction was not granted and further that granting the injunction sought would inconvenience the Secretariat, which had gone a long way in the process of implementing the contested directives, more than refusal to grant the same would the Applicant.
The 2nd quarterly sessions of the Court will run from 9th April to 17th May 2013. The Appellate Division is expected to hear one (1) Reference and deliver one (1) Judgment while the First Instance Division will hear five (5) References, two (2) Applications, and deliver two (2) Judgments. Four (4) taxation matters will be handled by the Registrar.
The Appellate Division will as well start its sessions on 15th April in Arusha.
About the East African Court of Justice
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.
Any person who is resident in an EAC Partner State may refer for determination by the East African Court of Justice, the legality of any Act, directive, decision or action of a Partner State or an Institution of the Community on the grounds that such Act, regulation, directive or action is unlawful or is an infringement of the Treaty and proceedings are instituted within two months of the act complained of or of the day in which it came to his/her knowledge. The Court also has arbitration jurisdiction.
Decisions of the Court on the interpretation and application of the Treaty take precedence over decisions of national courts on a similar matter.
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