East African Court of Justice - 2011

15 judgments

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15 judgments

Citation	Judgment date
December 2011
Omar and Others v A.G. Republic of Kenya and Others (Application 4 of 2011) [2011] EACJ 12 (1 December 2011) (First Instance Division) Ongoing detention constitutes a continuing violation under Article 30(2) of the EAC Treaty, defeating a time-based preliminary objection. East African Community law – limitation of actions – whether ongoing detention is a continuing violation for purposes of time limitation – computation of time under Article 30(2) of the EAC Treaty – preliminary objection on time-barred claims – jurisdiction of the Court to hear continuing violations.	1 December 2011
Rugumba v Secretary General of the East African Community and Another (Reference 8 of 2010) [2011] EACJ 60 (1 December 2011) (First Instance Division) EACJ can interpret Treaty breaches; five-month unlawful detention breached Articles 6(d) and 7(2); costs awarded against Rwanda. EACJ jurisdiction — interpretation under Article 27(1) — scope where allegations implicate human-rights facts; continuous detention and Article 30(2) limitation; non-requirement of exhaustion of local remedies where EACJ interpretation is sought; unlawful detention contrary to national criminal procedure (Rwanda) and breach of Treaty Articles 6(d) and 7(2); costs awarded against offending Partner State.	1 December 2011
November 2011
Ariviza and Another v A.G. of Republic of Kenya and Another (Reference 7 of 2010) [2011] EACJ 11 (30 November 2011) (First Instance Division) EACJ found no proven due process breach in Kenya’s 2010 referendum and held it cannot review national judicial decisions. Treaty jurisdiction — Article 30(1) EAC Treaty — limits of EACJ original jurisdiction; non-reviewability of national judicial decisions; constitutional review and referendum procedure; due process and rule of law; remedies for alleged treaty breaches.	30 November 2011
Democratic Party and Another v Secretary General of East African Community and Others (Application 6 of 2011) [2011] EACJ 49 (30 November 2011) (First Instance Division) The court granted an interim injunction restraining Ugandan EALA elections pending resolution of the challenge to parliamentary election rules. Regional integration – Treaty for the Establishment of the East African Community – elections to the East African Legislative Assembly (EALA) – interim injunction – compliance of national parliamentary rules with Treaty obligations – irreparable injury and balance of convenience in grant of interlocutory injunctions.	30 November 2011
September 2011
Mjawasi and Others v A.G. of Republic of Kenya (Reference 2 of 2010) [2011] EACJ 10 (29 September 2011) (First Instance Division) The Court struck out a claim for retrospective enforcement of the EAC Treaty, holding the Treaty does not apply to pre-2000 acts. Treaty law – Jurisdiction – East African Court of Justice – Interpretation and application of Treaty provisions – Res judicata – Exhaustion of local remedies – Retrospective application of treaties – Justiciability of historical claims predating Treaty entry – Article 27, EAC Treaty.	29 September 2011
August 2011
Africa Network For Animal Welfare v A.G. of Tanzania (Reference 9 of 2010) [2011] EACJ 51 (29 August 2011) (First Instance Division) The Court affirmed its jurisdiction over claims alleging Treaty violations and dismissed preliminary objections to admissibility, timeliness, and procedural form. Treaty for the Establishment of the East African Community – EACJ jurisdiction – challenge to Partner State action as Treaty violation – admissibility and procedure for references – Court's power to grant permanent injunctions – limitation period – procedural defects – preliminary objections dismissed.	29 August 2011
Alcon International Limited v Standard Charted Bank of Uganda and Others (Reference 6 of 2010) [2011] EACJ 7 (28 August 2011) (First Instance Division) Reference struck out for forum shopping and parallel domestic proceedings; EACJ declined to hear the matter. East African Community Law – Jurisdiction of EACJ under Treaty Article 27(2) and Protocol – Article 30 limitations (references against Partner States or EAC institutions) – parallel domestic proceedings and exhaustion of local remedies – forum shopping – striking out of reference – enforcement of arbitral award.	28 August 2011
Alcon International Limited v The Standard Chartered Bank of Uganda and Others (Appeal 2 of 2011) [2011] EACJ 59 (24 August 2011) (Appellate Division) Failure to determine court jurisdiction and agreed preliminary objections before striking out a Reference is a reviewable error. Civil procedure – preliminary objections – what constitutes a valid preliminary objection – jurisdiction of the East African Court of Justice as a threshold issue – procedural irregularity – appellate review limited to issues of law under Article 35A of the Treaty.	24 August 2011
June 2011
Sebalu v Secretary General of East African Community and Others (Reference No. 1 of 2010) [2011] EACJ 6 (30 June 2011) (First Instance Division) Delay by Community organs to operationalise EACJ appellate jurisdiction breaches Treaty duties and principles of good governance. Treaty interpretation – Article 27(2) – EACJ appellate jurisdiction requires Council-adopted protocol; Article 29 duties of Secretary General – duty to act on Partner State non-compliance; Article 8(1)(c)/Article 6(d) – delay in operationalisation contravenes principles of good governance; locus/ cause of action under Article 30 – no requirement to show personal right or damage; procedural – nominal respondents/striking off.	30 June 2011
A.G. of Kenya v Nyong'o and Others (Taxation Reference 2 of 2010) [2011] EACJ 4 (22 June 2011) The court reduced excessive instruction fees in a costs award, balancing complexity of the matter with reasonableness of claimed amounts. Costs – Taxation – Instruction fees – Reasonableness of claimed amounts – Discretion of taxing officer – Complexity and novelty of litigation – Principles guiding assessment of costs.	22 June 2011
March 2011
A.G. of Kenya v Nyong'o and Others (Application 1 of 2010) [2011] EACJ 3 (5 March 2011) (First Instance Division) First Instance Division lacks jurisdiction to grant extension of time for appeal documents once the appeal is before the Appellate Division. Court procedure – Jurisdiction – Whether First Instance Division has jurisdiction to entertain applications regarding procedural matters after appeal lodged in Appellate Division – Rule 4 and Rule 83 interpreted – Extension of time to serve appeal documents – East African Court of Justice – Division of jurisdiction between First Instance and Appellate Divisions.	5 March 2011
February 2011
A.G. of Kenya v Nyong'o and Others (Taxation Cause 2 of 2010; Taxation Reference 5 of 2010) [2011] EACJ 1 (23 February 2011) (First Instance Division) The court substituted an excessive instruction fee with a lower, reasonable sum, emphasizing judicious exercise of discretion in costs awards. Costs – Taxation – Discretion of taxing officer – Reasonableness and consistency of instruction fee award – Judicial review of costs – Principles for interfering with award of costs – Substitution of excessive instruction fee with reasonable fee.	23 February 2011
Ariviza and Another v A.G. of Republic of Kenya and Another (Appeal 3 of 2011) [2011] EACJ 2 (23 February 2011) An application to halt implementation of Kenya's new Constitution was dismissed for lack of irreparable injury to the applicants. Interlocutory injunctions—preconditions for grant—prima facie case—irreparable injury—balance of convenience—constitutional implementation—public interest—reversibility of harm.	23 February 2011
Ariviza and Another v Attorney General of Kenya and Another [2011] EACJ 61 (23 February 2011) (First Instance Division) An application for a temporary injunction to halt constitutional implementation pending suit was dismissed for lack of irreparable harm. Interlocutory injunction – constitutional law – implementation of new constitution – prima facie case – irreparable injury – balance of convenience – preservation of status quo pending determination of reference.	23 February 2011
Attorney General of Kenya v Nyongo and Others (Taxation Reference No.5 of 2010) [2011] EACJ 62 (23 February 2011) (First Instance Division) Court reduces excessive instruction fees on taxation, emphasising reasonableness and consistency in judicial awards. Costs – Taxation – Instruction fees – Exercise of discretion by taxing officer – Reasonableness of award – Applicability of PREMCHAND RAICHAND principles – Judicial intervention where taxing officer acts injudiciously or without justification – Consistency in awards.	23 February 2011