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Title
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Date
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Judgment |
31 January 2025 |
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Court exercised its discretion under Rules 46(3) and 90 to reopen pleadings and grant the State a 30‑day extension.
* Procedure – Reopening pleadings – Court’s discretion under Rule 46(3).
* Procedure – Inherent powers – Rule 90 and the Court’s power to adopt procedures to meet the ends of justice.
* Extension of time – granting requests where proper administration of justice requires it.
* Jurisdictional/temporal effect – withdrawal of Article 34(6) Declaration does not affect pending/new cases filed before its effective date.
* Alleged substantive issues – claims of violation of rights to property and to a fair trial in national proceedings.
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Judgment |
29 November 2024 |
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Judgment |
23 May 2024 |
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Judgment |
13 December 2018 |
The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
Judgment |
18 October 2018 |
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Complaint struck out for lack of diligent prosecution after complainant failed to submit required admissibility arguments.
African Charter – admissibility – non-compliance with procedural requirements – strike out for want of diligent prosecution – failure to submit admissibility arguments within extended deadlines.
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Judgment |
18 October 2018 |
The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
Judgment |
18 October 2018 |
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A complaint was struck out by the Commission due to the complainant's failure to pursue it with due diligence.
African Commission procedure – Diligent prosecution – Striking out of communication for failure to submit required arguments on admissibility within prescribed timing – Failure to respond to Commission correspondence.
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Judgment |
18 October 2018 |
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Communication was declared inadmissible for failure to exhaust local remedies and for use of disparaging language against the judiciary.
Admissibility of communications – African Charter on Human and Peoples' Rights, Article 56 – prerequisites for admissibility – exhaustion of local remedies – non-use of disparaging language – assessment of effective and sufficient remedy – requirement for substantiated allegations and reasonable period for submission.
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Judgment |
18 October 2018 |
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A communication was struck out for lack of diligent prosecution following failure to submit admissibility arguments as required.
Human rights – African Charter on Human and Peoples’ Rights – admissibility – procedural default – communication struck out for want of diligent prosecution.
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Judgment |
18 October 2018 |
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State’s arbitrary denial of amnesty and delay in judicial proceedings violated equal protection and fair trial rights under the African Charter.
Human rights – African Charter – Equality before the law – Selective application of amnesty – Fair trial rights – Judicial delays – Right to compensation
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Judgment |
17 October 2018 |
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The Commission struck out the communication due to the complainant’s failure to prosecute the case diligently.
Human rights – African Charter – complaints procedure – admissibility – failure to prosecute – communication struck out for want of diligence.
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Judgment |
17 October 2018 |
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A ministerial ban on a newspaper publication was found to violate East African Community Treaty obligations on press freedom and human rights.
Human rights – freedom of expression – press freedom – restrictions on media publication – proportionality and lawfulness of administrative orders – violation of regional treaty obligations – East African Community – duty of good governance and rule of law.
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Judgment |
21 June 2018 |
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Judgment |
24 May 2018 |
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The Commission found Egypt violated religious minorities’ rights by denying Baha’is civil documentation and marriage recognition, ordering compensation and reform.
Human rights – African Charter – right to equality and non-discrimination (Articles 2 and 3); freedom of religion (Article 8); discrimination based on religion; state obligation to provide legal recognition for all religious minorities; effect of reservations to the Charter; remedy and compensation for past discrimination.
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Judgment |
28 April 2018 |
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State non-compliance with judicial bail orders and prosecution of civilians before military courts breaches fair trial and liberty rights.
Human rights – right to liberty and security – arbitrary detention – non-compliance with court bail orders – judicial independence – fair trial – military courts’ jurisdiction over civilians – right to legal representation – African Charter Articles 6, 7 and 26 – state obligation to respect judicial decisions.
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Judgment |
28 April 2018 |
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The Commission dismissed the case as res judicata, reaffirming Eritrea's duty to implement previous orders regarding detained journalists.
African Charter on Human and Peoples' Rights – preliminary objection – res judicata – communications previously adjudicated – alleged bias – breach of confidentiality – politicisation – Commission’s mandate and functions – non-implementation of prior decisions – reaffirmation of earlier recommendations.
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Judgment |
27 April 2018 |
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A Member of EALA was granted leave to intervene in proceedings challenging the Speaker's election, clarifying procedural requirements for intervention.
Regional integration law – Court procedure – Application for intervention – Mandatory requirements under Rule 36(2)(e) – Statement of interest – Whether supporting affidavit can suffice – Defective affidavit by advocate-cum-witness – Discretion to grant leave to intervene – Locus standi of Assembly members in Community litigation.
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Judgment |
24 April 2018 |
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The court dismissed a claim of human rights violations during Uganda's 'walk to work' protests due to insufficient admissible evidence.
East African Community law – fundamental rights – rule of law – right of assembly and protest – admissibility of electronic evidence – evidentiary requirements for Treaty violation – duties of the Secretary General under Articles 29 and 71 of the Treaty – locus standi for legal entities under Article 30.
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Judgment |
28 March 2018 |
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A complaint was struck out for lack of diligent prosecution due to the complainant's failure to submit admissibility arguments.
African Charter on Human and Peoples’ Rights – Procedure – Communication struck out for lack of diligent prosecution – Failure to submit arguments on admissibility within prescribed time and absence of extension request.
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Judgment |
6 March 2018 |
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Court allowed media law organizations to join as amici curiae in a constitutional challenge on criminal defamation, despite affidavit defects.
Civil procedure – application for leave to appear as amicus curiae – affidavit defects – neutrality and admissibility of amici curiae – expungement of defective affidavit paragraphs rather than striking out the application – requirements for admission as amicus curiae including interest, expertise, and neutrality.
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Judgment |
20 September 2017 |
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Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election.
* Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes.
* Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance.
* Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities.
* Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act.
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Judgment |
15 August 2016 |
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Article 12 registration exclusions stand; refugees remain eligible for consideration for naturalization under statutory law.
Constitutional interpretation – Citizenship by registration (Article 12) – rule of harmony; Citizenship by naturalization (Article 13) – statutory regime (section 16 of the Act) includes refugees as "aliens" eligible for consideration; Judicial relief – courts will not issue general orders against unnamed agencies absent evidence of a refused or unprocessed application.
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Judgment |
6 October 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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Judgment |
30 July 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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Judgment |
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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Judgment |
15 May 2015 |
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Court struck out respondent's late submissions and granted a limited injunction protecting applicants' customary land occupation pending trial.
Civil procedure – Irregular late filing and abandonment of preliminary objection struck off – Interim relief – Principles for temporary injunction (American Cyanamid) – Prima facie case and proof of title for registered land – Protection of occupation under customary tenure – Preservation of status quo balanced against national security and refugee settlement obligations.
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Judgment |
4 April 2014 |
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A challenge to detention and alleged Treaty violations was dismissed as time-barred under Article 30(2) of the EAC Treaty.
East African Community law – Jurisdiction of EACJ – enforcement of Treaty provisions – time limits for bringing actions – computation of limitation periods – continuing violations – principle of legal certainty – powers of EACJ in human rights matters – jurisdictional limits – Article 30(2) of the Treaty – Treaty interpretation.
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Judgment |
28 February 2014 |
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The court dismissed a reference as time-barred under the EAC Treaty, refusing to extend the two-month statutory period.
Regional integration law – East African Community – Jurisdiction of EACJ – Treaty interpretation – Reference procedure – Time-bar under Article 30(2) – No judicial discretion to extend limitation period.
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Judgment |
24 February 2014 |
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The East African Court of Justice ordered amendment of Uganda's EALA election rules to conform with Article 50(1) of the EAC Treaty.
Regional integration law – Treaty interpretation – Rules of Procedure for election to EALA – Consistency with Article 50(1) of the EAC Treaty – Jurisdiction of East African Court of Justice – Role of national law in electoral rules gazettement – Electoral process consultation and consensus requirements.
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Judgment |
29 November 2013 |
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A non-governmental organization was allowed to intervene as amicus curiae to assist the court with legal arguments without prejudice to the parties.
Practice and procedure – intervention – amicus curiae – discretion of court to admit interveners – requirements for leave – independence of amicus – role of NGOs in proceedings
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Judgment |
28 August 2013 |
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Partner States must comply with EAC Treaty and Protocol obligations when denying entry to citizens of other Partner States.
East African Community law – Regional integration – Free movement of persons – Sovereignty of Partner States – Due process rights – Non-discrimination – Supremacy of Community law over national law – Immigration and prohibited immigrants – Denial of entry without reasons violates Treaty obligations.
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Judgment |
24 May 2013 |
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A Partner State successfully obtained a stay of orders allowing late additional evidence, pending appeal, after showing risk of prejudice.
Civil procedure – stay of execution – sufficiency of notice of appeal as basis for seeking stay – requirements for grant of stay – exemption from security for costs for Partner States – late introduction of evidence – inherent powers of court.
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Judgment |
17 May 2013 |
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Limitation periods in Article 30(2) do not apply to employee disputes brought under Article 31 of the Treaty.
East African Community Law – employment disputes – Treaty for the Establishment of the East African Community – whether Article 30(2) limitation period applies to employee claims under Article 31 – distinction between procedures for References and Statements of Claim – Court’s jurisdiction over employment disputes.
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Judgment |
2 May 2013 |
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A reference alleging continuing Treaty violation is time-barred if filed beyond two months from the initial act’s occurrence or awareness.
Regional integration law – Computation of limitation period – Article 30(2) of East African Community Treaty – Whether two-month time limit applies to continuing violations – Interpretation of limitation period and scope for exceptions – Principle of legal certainty in regional integration disputes.
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Judgment |
15 April 2013 |
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Court stayed proceedings in a related reference to await the outcome of an appeal with overlapping facts and legal questions.
Civil procedure – stay of proceedings – inherent jurisdiction – overlapping cases – potential for conflicting decisions – effect of appeal decision on pending proceedings – interest of justice and judicial economy.
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Judgment |
14 February 2013 |
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Extension of time for response granted owing to public importance of EALA election dispute, despite insufficient reasons for delay.
Civil procedure – extension of time – discretion of the court under Rule 4 of EACJ Rules – sufficiency of reasons for delay – public importance of matter – interests of justice – application for leave to file response out of time – costs.
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Judgment |
14 February 2013 |
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An application for extension of time to appeal failed due to inordinate delay and lack of sufficient explanation by the applicant.
Civil Procedure – Applications for extension of time – Rule 4 EACJ Rules – Sufficient reason – Inordinate delay – Requirement for detailed explanation of delay – Burden to show adequate cause rests on applicant – Prejudice to successful parties and finality in litigation.
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Judgment |
14 February 2013 |
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An application was dismissed for non-attendance, while the underlying appeal was adjourned to ensure a fair hearing.
Civil procedure – non-appearance of applicant – dismissal for non-prosecution – abuse of court process – adjournment for inter partes hearing in light of serious substantive issues – Rule 61(2) and Rule 86 of EACJ Rules of Procedure.
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Judgment |
27 June 2012 |
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The EACJ has jurisdiction to interpret the Treaty where a Partner State breaches good governance principles, even if human rights are implicated.
Regional integration law – jurisdiction of the East African Court of Justice – interpretation and application of EAC Treaty provisions – fundamental principles of good governance, rule of law, and human rights – exhaustion of local remedies – time-bar for lodging references – arbitrary detention by a partner state – cause of action under regional treaty distinguished from ordinary human rights claims.
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Judgment |
1 June 2012 |
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EALA elections in Uganda restrained until parliamentary rules are amended to comply with the East African Community Treaty.
East African Community law – compliance with Treaty obligations – elections to the East African Legislative Assembly – requirement for fair representation of political parties, shades of opinion, gender and special interest groups – judicial review of national procedures for EALA elections – inordinate delay in amending national rules to conform to Treaty – court’s power to restrain national authorities from proceeding with non-compliant elections.
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Judgment |
10 May 2012 |
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A Reference alleging Treaty breaches was struck out as time-barred since it was filed beyond the EACJ's two-month limitation period.
Regional integration law – East African Court of Justice – reference for interpretation of EAC Treaty – jurisdiction limited to breaches of Treaty provisions and not direct enforcement of human rights – limitation period for filing references – strict two-month deadline under Article 30(2) – no implied power to extend period or recognize continuing violation exception – proper procedure for preliminary objections.
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Judgment |
15 March 2012 |
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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.
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Judgment |
30 November 2011 |
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The court lacks jurisdiction over employment disputes between AU staff and AU organs based solely on employment contract breaches.
Jurisdiction – African Court on Human and Peoples' Rights – Labour and employment disputes – Breach of employment contract – OAU Staff Regulations – Whether the African Court on Human and Peoples' Rights has jurisdiction to hear employment disputes originating from AU institutions.
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Judgment |
30 September 2011 |
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The Court lacks jurisdiction to hear complaints against states not parties to its Protocol or members of the African Union.
African Court on Human and Peoples' Rights – jurisdiction – Article 3(1) of the Protocol – requirement for respondent state to be member of African Union and to have ratified Protocol – application struck out for lack of jurisdiction.
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Judgment |
2 September 2011 |
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Delay in operationalising the EACJ's extended jurisdiction contravenes Treaty principles of good governance and rule of law.
East African Community – regional court jurisdiction – Treaty for the Establishment of the East African Community – appellate jurisdiction – delay in operationalisation of extended jurisdiction – good governance – rule of law – failure of Partner States and Community institutions to fulfill Treaty obligations – declaratory relief.
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Judgment |
30 June 2011 |
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The Court ordered provisional measures requiring the respondent to prevent loss of life and report steps taken amid alleged grave rights violations.
International Human Rights – Provisional measures – Conditions for granting – Grave and urgent risk of irreparable harm – Right to life and physical integrity – Violent suppression of demonstrations – African Charter on Human and Peoples’ Rights – Prima facie jurisdiction of African Court – Power to order measures proprio motu.
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Judgment |
25 March 2011 |
Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development |
Judgment |
25 November 2009 |
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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.
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Judgment |
11 November 2007 |