East African Court of Justice - 2007

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8 judgments

Citation	Judgment date
November 2007
Katabazi and Others v Secretary General of East African Community and Another (Reference No. 1 of 2007) [2007] EACJ 3 (11 November 2007) State interference with judicial decisions by re-arresting bailed individuals contravenes the rule of law under the EAC Treaty. Regional integration law – Rule of law – Treaty interpretation – Independence of judiciary – Enforcement of court orders – State action undermining judicial decisions – Duties of regional Secretariat – Investigatory obligations under the Treaty – Costs.	11 November 2007
Mwatela and Others v East African Community (Taxation 1 of 2006) [2007] EACJ 7 (1 November 2007) Court limits taxed costs to demonstrably incurred and supported disbursements, disallowing undocumented or excessive claims. Costs – taxation – bill of costs – standard of proof required for disbursements – sufficiency of documentary evidence – consented position of parties – disallowance of inadequately supported claims.	1 November 2007
Mwatela and Others v East African Community (Taxation No.1 of 2006) [2007] EACJ 8 (1 November 2007) (Taxation Rulings) A bill of costs was reduced where much of the claim lacked documentary proof or included unreasonable litigation expenses. Legal costs – Taxation – Sufficiency of documentary proof for disbursements – Reasonable litigation expenses – Items not supported or found unreasonable taxed off.	1 November 2007
July 2007
East African Law Society and Others v AG of Kenya and Others (Application 9 of 2007) [2007] EACJ 2 (11 July 2007) The court denied interim relief, finding law societies had standing but no irreparable injury from implemented Treaty amendments. Regional integration law – Treaty for the Establishment of the East African Community – locus standi – interim injunction – treaty amendments – public interest litigation – irreparable injury – procedure for Treaty amendment – Article 150 of the Treaty.	11 July 2007
June 2007
Mtikila v A.G. of United Republic of Tanzania and Another (Reference 3 of 2007) [2007] EACJ 5 (22 June 2007) The court dismissed a review application, confirming it lacked jurisdiction to annul Tanzanian legislative elections to the East African Assembly. Regional integration – East African Court of Justice – Jurisdiction – Application for review – Exhaustion of domestic remedies – Grounds for review under Article 35(3) of the Treaty – Conflict of laws.	22 June 2007
April 2007
Mtikila v A.G. of United Republic of Tanzania and Another (Reference 2 of 2007) [2007] EACJ 4 (25 April 2007) The East African Court of Justice lacks jurisdiction to determine disputes over the membership of the Legislative Assembly. Regional integration law – Treaty for the Establishment of the East African Community – East African Legislative Assembly – questions as to membership – jurisdiction – locus standi – whether validity of legislative assembly elections can be adjudicated by the East African Court of Justice or is solely within domestic courts of Partner States – Article 52 of the Treaty.	25 April 2007
March 2007
Nyong'o and Others v A.G. of Kenya and Others (Reference 1 of 2006) [2007] EACJ 6 (2 March 2007) A selection process and rules that merely deem nominees to be elected to the East African Assembly breach Treaty requirements for actual election. Regional integration law – Treaty interpretation – Locus standi of individuals under Article 30 EAC Treaty – Meaning of 'election' under Article 50 – Primacy of international treaty obligations over domestic law – Invalidity of national rules circumventing Treaty requirements for assembly elections.	2 March 2007
February 2007
A.G. of Kenya v Nyong'o and Others (Application 5 of 2007) [2007] EACJ 1 (6 February 2007) A failed bid to set aside a court order based on unproven allegations of perceived bias and delayed recusal application. Judicial impartiality – recusal of judges – objective test for reasonable apprehension of bias – duty of disclosure – waiver of objection to bias – application to set aside court order – abuse of process.	6 February 2007