National
Kenyan drags Uganda to regional courtPublish Date: Jan 21, 2013
Kenyan drags Uganda to regional court
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Attorney General Peter Nyombi
newvision

By Vision Reporter   
                                                                                                                                  
A Kenyan man has sued Uganda in the East African Court of Justice (EACJ) alleging he was unfairly denied entry into the country at Entebbe International Airport in 2011.

The EACJ's First Instance Division Friday began hearing the case. Samuel Mukira Mohochi claims he was denied entry into Uganda, restrained and detained at the Immigration Office at the Airport and subsequently deported to Kenya on 13 April 2011.

His lawyer, Mbugua Mureithi, submitted in the hearing on Friday that Mohochi as a resident of East Africa is entitled to free movement from one country to another in the region as provided for under Article 7 of the East African Community Common Market Protocol. He said that the protocol states that "The Partner States hereby guarantee the free movement of persons who are citizens of the other Partner States within their territories".

Mureithi argued that to date the Government of Uganda has not provided any reasons for Mohochi's denial of entry and wants the regional Court to pronounce itself on the matter. He argued that the acts were illegal, unlawful and a violation of Uganda's obligations under Articles 6 (d) and 7 (2) of the EAC Treaty on good governance including adherence to the principles of democracy and rule of law.

But Peruth Nshemereirwe who represented Uganda's Attorney General asked Court to dismiss the case with costs. She argued that the matter was hinged and based on alleged violation of Mohochi's human rights and that the EACJ does not have jurisdiction to deal with human rights matters.

She said that Mr. Mohochi was entering Uganda at a time when there were acts of terrorism in Kampala and that he was therefore rightly denied entry into Uganda by virtue of Article 7 (3) of the EAC Common Market Protocol, which provides that "Partner States shall, in accordance with their national laws, guarantee the protection of the citizens of the other Partner States while in their territories".

The Court will deliver its judgment on notice.        

 

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