EACJ to conduct sessions in Kampala

Kampala, Uganda | THE INDEPENDENT | The East African Court of Justice is set to start hearing cases from Kampala in a bid to bring justice closer to the people. Justice Nestor Kayobera, the president of the East African Court of Justice, says that the Arusha-based court will effective November 2nd, 2022, operate from Kampala for a month to hear 21 cases filed by different individuals seeking various orders against the East African Community member states.

Addressing journalists in Kampala, Kayobera said that the court will be sitting in the Commercial court division in the morning such that the host court can continue with its duties in the morning. Kayobera noted that the reason they are in Kampala is not to rally the citizens to file cases against the government of Uganda, but to make sure that the court is accessible.

He said when they were in Burundi, people thought they had come to mobilize them to file cases against the Burundian government. Kayobera, who addressed the media in the company of 12 Judges from the East African Court of Justice, said that if they make the decisions and the governments comply, they will have done their part as the court.

The Judges included Charles Nyachae, Charles Nyawello, Richard Wejuli Wabwire, Cheborion Barishaki, Dr. Yohane Masara, Richard Muhumuza, and Dr. Leonard Gacuko. Kayobera applauded Attorney General Kiryowa Kiwanuka for always appearing in court in person to defend the government instead of sending junior lawyers, saying that he has not seen Attorneys General from other East African Community member states.

On his part, the head of the Commercial Court of Uganda, Justice Steven Mubiru said that on behalf of the judiciary, they are excited to host the East African Court of Justice for the first time, saying that it will reduce the costs Ugandan Advocates have been putting in to travel to Arusha. He said previously, cases would be filed at the sub-registry and get transmitted to Arusha, adding that it is an experience for the Advocates and litigants to observe the  East African Court in action.

According to Mubiru, the host court has sufficient equipment that will be able to help them convene and conduct business for those who want to appear physically and those who want to appear remotely and online.

Mubiru further revealed that during this period, most of the Commercial Court judges will be undergoing induction as well as writing the judgments and therefore their daily operations will not be so much affected. Notable of the case that is to be heard in Kampala include one filed by the Centre for Food and Human Rights against the Attorneys General of Uganda and Tanzania seeking them to either relocate the East African Crude Oil Pipeline or to comply with environmental laws because it tends to pass through Lake Victoria which may affect among others the aquatic life.

Others include the case filed by Kampala lawyer Male Mabirizi against the government of Kenya seeking a declaration that the decision to ban Uganda’s poultry and milk products in 2021 is illegal contrary to the principles of good governance, rule of law enshrined in the EAC treaty and the Common Market Protocol, and therefore there should be consequences for such illegalities.

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