East African Court of Justice Arusha, 22 November 2013: The First Instance Division today in its decision emphasized that, it is the role of the Council of Ministers to determine the extension of the jurisdiction of the East African Court of Justice as stipulated in Article 27 (2) of the Treaty.
However the Court declared that the failure by Council of Ministers/ Sectoral Committee on Legal and Judicial Affairs to implement an earlier judgment which was delivered on 30th June 2011, where the Court had ordered that quick action should be taken by the EAC in order to operationalise the extended jurisdiction of the Court under Article 27of the Treaty for the establishment of the East African Community is an infringement of Article 38 (3) of the Treaty which states that; A Partner State or the Council shall take, without delay, the measures required to implement a judgment of the Court.
Court also ordered that the Secretary General should take action to expeditiously implement previous judgment mentioned above and to pay US$ 52,534.10 as taxed costs to the Applicant.
On the prayer that the Secretary General should be cited for the contempt of the Court for failure to implement the earlier judgment, Court considered the fact that the Secretary General has not flagrantly disrespected the order since he has made an effort to convince the Council to pay the taxed costs to the Applicant and considering the unique circumstances of the case, Court granted the Respondent the opportunity to purge the contempt with respect to the taxed costs and to pay the same within three (3)months from the date of the Judgment.
The Secretary General was also ordered to pay costs on the 2nd Reference (determined today) because it was a result of the failure by the Partner States to implement the Court’s orders that the said case was filed.
The second Reference had been filed by Hon. Sitenda Sebalu, a Member of Parliament in the Republic of Uganda, against the Secretary General (SG) of the East African Community for alleged failure of the Council of Ministers/ Sectoral Council of Legal and Judicial Affairs to implement the judgment delivered by EACJ in a previous case involving the same Parties. The Court had ordered that quick action should be taken by the EAC in order to operationalise the extended jurisdiction of the Court under Article 27of the Treaty for the Establishment of the East African Community.
Present in Court to receive the Judgment, were Mr. Chris Bakiza and Mr. Justin Semuyaba, lawyers for the Applicant (Hon. Sitenda Sebalu) and Hon. Wilbert Kaahwa, Counsel for the Respondent, the EAC Secretary General.
On the bench of the Judges were, Hon Justices, Jean Bosco Butasi, Principal Judge, Lady Justice Stella Arach Amoko, Deputy Principal Judge, John Mkwawa, Isaac Lenaola, and Dr. Faustin Ntezilyayo.
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