COURT | UGANDA | KENYA 

KAMPALA - A Ugandan doctor has filed a suit in the East African Court of Justice against Kenyan Members of Parliament (MPs), accusing them of uttering demeaning statements that taint Uganda’s image. 

The legislators made the statements after Kenyan Deputy President William Ruto was reportedly blocked from boarding a flight to Uganda without seeking clearance. 

Last week, a section of Orange Democratic Movement MPs described the National Resistance Movement (NRM) as a party which is not exemplary in terms of good governance. 

According to court documents, these include Mohammed Junet, John Mbadi, Opiyo Wandayi, Caleb Amisi, Jared Okello, Anthony Otieno, Fatuma Abdi and Millie Odhiambo. 

Dr Paul Bamutaze, who also describes himself as a businessman, filed the case on Friday against the Attorney General of the Republic of Kenya. 

Through his lawyers, Dr Bamutaze says the utterances are unlawful and infringe on the fundamental and operational principles of the community, which include good governance. 

Good governance, according to Bamutaze, includes adherence to the principles of democracy, rule of law, accountability, transparency, maintenance of universally acceptable standards of human rights, equitable distribution of benefits, co-operation for mutual benefit, people-centred and market-driven co-operation. 

Court documents indicate that on November 30, 1999, Kenya, through its then President, Daniel Toroitich Arap Moi, signed the treaty for establishment of the East African Community. 

Following the treaty, partner states undertook to observe the principle of non-discrimination of nationals of other partner states on grounds of nationality, accord treatment to nationals of other partners, ensure transparency in matters concerning partner states and also share information for the implementation of the protocol. 

“In making public utterances against NRM, Uganda’s ruling party, the Kenyan government contravened, neglected and flouted provisions of Article 6, and 7 of the treaty,” he contends. 

Bamutaze says the statements undermine principles of co-operation for mutual benefit. 

He says the statements were intended to tarnish/cast bad light to Uganda’s image, as well as Uganda’s President, who is the NRM chairperson. 

The doctor says President Museveni’s contribution towards the EAC, East African integration and unity are well-known and hence uttering such demeaning statements only points towards causing ridicule and disunity among member states. 

In his affidavit, Bamutaze says he is an active Ugandan and a person who has gained great knowledge of the treaty and the protocols made therein.

Transforming NRM achievements 

Addressing journalists at the Supreme Court premises in Kololo, Kampala, lawyer Ssali Babu said the Kenyan legislators made several utterances, such as Kenya’s Deputy President William Ruto wanted to come to Uganda to borrow the anti-democratic tendencies of the NRM. 

“They trashed the NRM achievements, saying there is nothing worth borrowing from Uganda because it is a failed state,” he said. 

Babu added: “The statements demean and portray Uganda as a country that is not worth being an example, yet it is one of the countries in the East African Community that is pushing for the integration of the partner states.” 

Unlawful  

Dr Paul Bamutaze, who is demanding costs for the application, seeks a declaration that the statements uttered by the legislators are unlawful. 

He also wants court to award him an interest of 6% per annum on costs from the time of filling the application until payment in full.