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Citation
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Judgment date
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| March 2016 |
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Court upholds EACJ Registrar recruitment process, confirming Council’s authority to set qualifications and proper application of the quota system.
East African Community law – Treaty interpretation – Recruitment to community institutions – Authority of Council to set qualification criteria – Application of quota system – Non-discrimination – Publication and procedural requirements for Council decisions.
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23 March 2016 |
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Refusal to grant an applicant a special interview dispensation was not discriminatory nor a breach of equal opportunity under EAC law.
East African Community law – Recruitment – Principles of good governance, equal opportunity, gender equality – Alleged discrimination – Administrative decision-making – Interview procedures – Special dispensation – Staff recruitment regulations – Judicial review of administrative recruitment decisions – Travel and accommodation reimbursement.
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23 March 2016 |
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An unsuccessful candidate's challenge to EAC staff interview arrangements found no breach of Treaty, non-discrimination or procedural rules.
East African Court of Justice – recruitment process – administrative discretion – principles of good governance – equality and non-discrimination – procedural fairness – pleading requirements – appellate review – staff recruitment and interview procedures – Treaty interpretation.
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23 March 2016 |
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The Secretary General was found to have breached Treaty obligations by failing to submit a fact-finding report on expelled immigrants to the Council.
Regional integration – East African Community – Treaty interpretation – Obligations of Secretary General – Failure to submit investigation report to Council of Ministers – Due diligence and statutory obligations under Treaty – Timeliness of Reference under Article 30(2) – Expulsion of immigrants – Public interest litigation.
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22 March 2016 |
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22 March 2016 |
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The court deferred determining the admissibility of disputed annexures until the full hearing of the application.
Civil procedure – admissibility of annexures – objection based on EALA (Powers and Privileges) Act – admissibility deferred to merits hearing.
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18 March 2016 |
| February 2016 |
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An appeal was struck out for failure to comply with procedural rules on timely service and an incomplete record of appeal.
Civil procedure – Appeal – Non-compliance with procedural rules – Failure to serve Notice of Appeal within prescribed time – No application for extension of time – Inherent jurisdiction not available to cure procedural default – Incomplete Record of Appeal – Appeal struck out with costs.
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12 February 2016 |
| January 2016 |
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29 January 2016 |
| November 2015 |
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A Reference to the EACJ was struck out as time-barred, reinforcing the strict time limits for Treaty-based complaints.
East African Community law – Reference to EACJ – Jurisdiction – Time-bar – Article 30(2) of the Treaty – Strict application of limitation period – Infringement of Treaty rights – Domestic contract law – Competence of national courts.
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27 November 2015 |
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The applicants failed to establish that Burundi’s actions regarding political party meetings violated EAC Treaty principles or warranted regional court intervention.
Regional integration law – East African Community – interpretation of Treaty – jurisdiction of EACJ – political party disputes – good governance and rule of law – limitation period for references – internal state matters versus Treaty compliance – evidence required to show Treaty violation.
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26 November 2015 |
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26 November 2015 |
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Application for leave to appear as amici curiae refused for failing to show sufficient expertise, interest, and procedural compliance.
Amicus curiae – Admission of amici curiae – Requirements for admissibility – Procedural compliance – Interest, expertise, and relevance – Rule 36 of East African Court of Justice Rules – Human rights jurisdiction – Interpretive jurisdiction – Mootness.
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25 November 2015 |
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25 November 2015 |
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24 November 2015 |
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24 November 2015 |
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An appeal was remitted for a fresh trial due to fatal procedural errors preventing fair presentation and adjudication of evidence.
Civil Procedure – appellate review – absence of evidentiary record – remittal for fresh trial – procedural fairness – inherent powers of court to prevent injustice.
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20 November 2015 |
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Forfeiture of an EAC Deputy Secretary General post under the Treaty is not equivalent to withdrawal and imposes no reimbursement obligation on Partner States.
East African Community law – Treaty interpretation – distinction between 'forfeit' and 'withdraw' in staff tenure and compensation – whether Partner States are obligated to reimburse the Community for contract compensation resulting from operation of law – absence of established State practice – primacy of Treaty over staff regulations.
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19 November 2015 |
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11 November 2015 |
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9 November 2015 |
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An application for review was dismissed for the applicant’s non-appearance and failure to prosecute the case.
Civil Procedure – Application for review – dismissal for non-appearance – want of prosecution – discretion of court under Rule 1(2) of the East African Court of Justice Rules of Procedure.
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9 November 2015 |
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The court clarified that special leave is only required for evidence squarely within section 20 of the EALA (Powers and Privileges) Act.
East African Court of Justice – Parliamentary privilege – Section 20 EALA (Powers and Privileges) Act – Whether members or officers of EALA require special leave to adduce evidence before the Court – Admissibility of documents produced by Clerk to the Assembly pursuant to court order – Separation of powers – Treaty interpretation – Validity of Court procedure versus statutory privilege provisions.
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6 November 2015 |
| October 2015 |
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The court declined to grant interim orders restraining a recruitment process, directing urgent resolution of the main reference.
Civil procedure – Interim orders – Injunction – Recruitment process – Treaty compliance – Discretion of the court to grant interim relief – Expedited hearing.
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30 October 2015 |
| September 2015 |
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8 September 2015 |
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The applicants, wrongly impleaded, were entitled to taxed costs, with instruction fees judicially set by the taxing officer.
Costs – Party wrongly impleaded – Withdrawal of proceedings – Entitlement to costs – Taxation – Instruction fees – Disbursements – Legal representation – Procurement of legal services – Judicial discretion in assessment of reasonable costs.
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7 September 2015 |
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Parties wrongly impleaded and removed at a preliminary stage are entitled to reasonable, fairly assessed costs including instruction fees.
Costs – Party and party costs – Wrongful impleadment – Withdrawal of reference – Taxation – Instruction fees – Reasonable quantum – Judicial discretion – Objection to representation – Scale of charges – Disbursements and receipts.
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7 September 2015 |
| August 2015 |
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An appeal alleging executive failure to appoint judges in Uganda was dismissed for lacking legal or procedural grounds under the EAC Treaty.
East African Community law – Treaty interpretation – Separation of powers – Judicial independence – Appointment of judges – Scope of appeal – Whether failure to appoint judges violates the Treaty – Standard for appeals on law, jurisdiction, or procedure.
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7 August 2015 |
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The court found no proof that the President’s judicial appointment actions violated rule of law or good governance under the Treaty.
East African Community law – Treaty interpretation – Uganda – appointment of judges – rule of law and good governance – administrative process – separation of powers – evidence of refusal – public interest litigation.
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7 August 2015 |
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A reference alleging Treaty violations was struck out as time-barred, with the Court declining jurisdiction over compensation and substantive remedies.
East African Community law – jurisdiction of the East African Court of Justice – limitation periods – time-barred references – property rights – compliance with Treaty obligations – costs awarded at court’s discretion.
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7 August 2015 |
| July 2015 |
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EACJ holds exclusive interpretative authority over the EAC Treaty, but national courts may apply Treaty provisions and award remedies for proven violations.
East African Community law – Interpretation of Treaty – Exclusive jurisdiction of EACJ to interpret Treaty; National courts’ jurisdiction to apply Treaty; Justiciability of fundamental and operational principles; Preliminary reference mechanism; Award of compensation for Treaty breaches.
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31 July 2015 |
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A claim for conversion from project-based to regular EAC staff was dismissed as time barred for jurisdictional reasons.
East African Community law – Employment disputes – Limitation of actions – Distinction between staff and project-based employment – Jurisdiction – Application of EAC Treaty Articles 30 and 31 – Whether donor-funded project roles are governed by Community Staff Rules – Nullification of proceedings for want of jurisdiction.
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30 July 2015 |
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The court declined to stay Burundi's elections, finding no jurisdiction over national court decisions and insufficient grounds for interim relief.
Regional integration law – Interlocutory relief – Jurisdiction of East African Court of Justice – Constitutional interpretation – Review of national court decisions – Prima facie case and irreparable injury – Election law – Treaty interpretation jurisdiction – Balance of convenience in interlocutory injunctions.
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29 July 2015 |
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Court holds EACJ has limited jurisdiction to interpret human rights instruments referenced in Treaty but finds no violation for delayed declarations.
Regional law – East African Court of Justice – jurisdiction – interpretation and application of East African Community Treaty and reference to international instruments – human rights – delay in depositing Article 34(6) Protocol declarations – no violation where discretion present – jurisdiction to interpret referenced human rights instruments only to extent incorporated by Treaty.
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28 July 2015 |
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The EACJ lacks jurisdiction under Article 30 to hear cross-border investor claims against private persons or for acts predating the Common Market Protocol.
East African Community law – jurisdiction of EACJ – whether private entities can be sued under Article 30 of the Treaty – non-retroactivity of the Common Market Protocol – jurisdiction ratione personae, ratione materiae, and ratione temporis – costs – mootness in judicial proceedings.
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27 July 2015 |
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A reference challenging taxed instruction fees was dismissed as no error in the Taxing Officer’s discretion was shown.
Costs — Taxation of costs — Instruction fees — Discretion of Taxing Officer — Grounds for appellate interference — Value of subject matter not determinative where not relevant to issues on appeal — Principle of judicial discretion in assessing instruction fees.
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27 July 2015 |
| May 2015 |
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A review application to reopen a time-barred employment claim was dismissed for lack of error apparent on the record.
Review jurisdiction—finality of appellate decisions—grounds for review under Article 35(3) of the Treaty—error apparent on the face of the record—time-barred claims—obiter dicta—distinction between appeal and review.
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25 May 2015 |
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The Court found several provisions of Burundi’s Press Law violated treaty-based rights to freedom of expression and ordered corrective action.
Regional integration law – EAC Treaty – National legislation inconsistent with Treaty principles – Freedom of expression and press – Justiciability of democracy, rule of law, and human rights provisions – Judicial review of national laws for Treaty compliance – Press freedom – Limitations – Disclosure of sources – Content-based restrictions.
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15 May 2015 |
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A member state's failure to follow due process in disciplinary and administrative measures violated rule of law principles under EAC Treaty.
Regional integration law – Rule of law – Due process in disciplinary proceedings against advocates – Compliance with Treaty obligations – Administrative action – Obligation of Secretary General to ensure Partner State compliance – East African Community Treaty, Articles 6(d), 7(2), 29, 30.
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15 May 2015 |
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The court dismissed claims that Uganda's officials violated EAC Treaty principles in handling whistle-blower procurement complaints, finding no breach or actionable loss.
East African Community law – jurisdiction – interpretation of Treaty provisions – rule of law – principles of good governance and accountability – powers and independence of national constitutional bodies – natural justice – standing of non-parties – government procurement – whistle-blower claims – Treaty principles of good governance, accountability, rule of law.
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14 May 2015 |
| April 2015 |
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The court granted a stay of execution of orders allowing late evidence, pending determination of an intended appeal by the applicant.
Civil Procedure – Stay of execution pending appeal – Effect of notice of appeal as basis for stay – Requirements for grant of stay – Substantial loss and prejudice – Security for costs – Exemption for Partner States under the EACJ Rules – Inherent jurisdiction to ensure justice.
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15 April 2015 |
| March 2015 |
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A partially successful applicant was awarded a quarter of reasonable taxed costs after the Taxing Officer disallowed excessive and unsupported claims.
Costs – Taxation of bill of costs – Instruction fees – Principle of reasonableness and proportionality – Complexity and novelty of proceedings – Effect of partial success on costs award – Requirement for receipts for disbursements – Public interest considerations.
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20 March 2015 |
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Parties’ settlement on costs was recognized by the court as full and final resolution, foreclosing further claims in the taxation cause.
Civil procedure – Taxation of costs – Out-of-court settlement after conclusion of hearing – Consent order recorded – Finality of costs claims.
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20 March 2015 |
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Disbursements without receipts disallowed and instruction fees reduced for a nominal respondent in an EACJ bill of costs taxation.
Taxation of costs – Disbursements – Receipts required for disbursements – Instruction fees – Calculation of reasonable amounts for nominal respondents – Assessment of folios per court rules.
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20 March 2015 |
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The court assessed and taxed allowable costs, including instruction fees and substantiated disbursements, following a successful reference enforcement action.
Costs – Taxation – Bill of costs – Instruction and getting up fees – Allowable disbursements – Disputed receipts – Discretion of taxing officer – Assessment of reasonable costs in light of simplicity and importance of the matter – Evidence required for disbursements.
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20 March 2015 |
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Instruction fees and disbursements in a bill of costs must reflect the case's complexity and comply with Rule requirements.
Civil procedure – taxation of costs – instruction fees – discretion of taxing officer – criteria for fixing instruction fees – necessity of receipts for disbursements in bill of costs – East African Court of Justice Rules of Procedure.
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20 March 2015 |
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A bill of costs was taxed, with instruction fees and disbursements allowed only where reasonable and properly supported under EACJ rules.
Costs – Taxation – Instruction fees – Disbursements – Requirement for receipts – Application of EACJ Rules of Procedure – Discretion of Taxing Officer in awarding costs.
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20 March 2015 |
| February 2015 |
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Court declined to block South Sudan’s EAC membership process, affirming the Summit’s discretion and dismissing the reference with costs.
East African Community law – Jurisdiction of EACJ – Admission of new member states – Whether directives of the EAC Summit relating to negotiations for membership are amenable to judicial review – Requirements for a cause of action under Article 30(1) – Treaty interpretation – Discretion of political organs regarding admission criteria.
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27 February 2015 |
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A reference discontinued at applicants' request was marked as such, with costs awarded to the respondents.
Civil procedure – discontinuance of proceedings – costs following discontinuance – entitlement to costs where discontinuance is sought without agreement on costs.
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24 February 2015 |
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Parties seeking amicus curiae status must demonstrate neutrality and sufficient interest in the outcome to be admitted.
East African Court of Justice – Applications to appear as amicus curiae – Requirements of neutrality, impartiality, and demonstrated interest in the outcome – Dismissal where applicants lack neutrality or stake in the matter.
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17 February 2015 |
| January 2015 |
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The court upheld the exercise of discretion to admit new evidence post-pleadings, emphasizing substantive justice over procedural technicality.
Civil Procedure – judicial discretion to admit additional evidence – application of Ladd v Marshall principles – reopening of evidence after closure of pleadings – priority of substantive justice over technicalities – scope of new evidence and impact on cause of action – East African Court of Justice procedure.
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16 January 2015 |
| November 2014 |
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The court granted interim relief authorizing UPRONA's Central Committee (elected 2009) to convene meetings pending the main Reference.
Interim relief – Political parties – Central Committee’s right to convene – Enforcement of 2012 Supreme Court decision – Application of national law and party internal regulations.
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28 November 2014 |