Tanzanian nationals case against EAC partner states
Sep 10, 2014
An application that sought to temporarily block Uganda, Kenya, and Rwanda from holding meetings on East African Community(EAC) affairs without the input of Tanzania and Burundi , has been dropped at the East African Court of Justice(EACJ).
By Andante Okanya
An application that sought to temporarily block Uganda, Kenya, and Rwanda from holding meetings on East African Community(EAC) affairs without the input of Tanzania and Burundi , has been dropped at the East African Court of Justice(EACJ).
On Tuesday, the court sitting in Arusha accepted the withdrawal of the application on the prompting by the applicants.
The applicants are three Tanzanian nationals Ally Msangi, David Mataka, and John Adam Bwenda.They wanted the meetings halted pending determination of the main petition.
The case arose last year on November 18 when they petitioned the court, alleging that Uganda, Kenya, and Rwanda had purportedly excluded Tanzania and Burundi from meetings and deliberations on EAC affairs.
The substance of the application was to temporary prevent the Secretary General of the EAC(Dr.Richard Sezibera), Attorney Generals (AG) of Kenya Githu Muigai , AG Uganda Peter Nyombi, and Rwanda Johnston Busingye, from holding meetings in exclusion of Tanzania and Burundi.
The application also sought to preventing the respondents from implementing resolutions arrived at their meetings held last year June 24- 25 in Entebbe, Uganda, August in Mombasa, Kenya and October 28 in Kigali, Rwanda.
According to a press release by the EACJ, dated September 2, 2014, the Applicants made an oral request in court to withdraw their matter which the Respondents did not oppose.
“With the consent of the parties, the Court allowed withdraw in accordance with rule 51(1) (b) of the East African Court of Justice Rules of Procedure,” the statement reads in part.
But the court ordered that the costs of the application shall be tagged to the petition, which is the main case.
The applicants were represented by Jimmy Obeid, a lawyer with the firm Jimmy Obeid Advocates based in Dar es Salaam. The EAC Secretary General was represented by Dr. Anthony Kafumbe, while AG Kenya by state attorneys Peter Ngumi and Stella Muthoni.
AG Uganda was represented by principal state attorney Elisha Bafirawara, and state attorneys Richard Adrole and Maureen Ijang AG Rwanda was represented by Malala.
The petitoners allege that the agreements by the three states were against the protocol governing the formation of EAC.
They want the court to caution the three partner states against endangering the trading bloc.
Last week on Wednesday, when New Vision sought a comment from the Commissioner Political and legal affairs at the Uganda Ministry of East African Community Affairs Stephen Niyonzima, on the implication of the withdrawal, he said he would respond after acquainting himself with proceedings of the court session for the day.
“I will have to first look at the proceedings in court for the day to enable me make an appropriate response,” Niyonzima said.
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