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EAC told to establish court of appeal

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ByaseL, Jul 22, 2011.

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    ByaseL JF-Expert Member

    Jul 22, 2011
    Joined: Nov 22, 2007
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    By Hillary Nsambu

    THE East African Court of Justice has directed the Community’s Secretary General to immediately convene a meeting of the Council of Ministers with a purpose to re-establish the region’s appellate court.

    “We declare that quick action should be taken by the East African Community in order to conclude the protocol to operetionalise the extended jurisdiction of the East African Court of Justice (EACJ) under the Treaty,” the court ordered.

    However, the court blamed the inordinate delay in the re-establishment of the appellate court, on Uganda’s Attorney General, saying he failed to offer his comment as required by partner states on the issue since the Community was re-introduced.

    “We have no hesitation in finding that the delay to extend the jurisdiction of the East African Court of Justice contravenes the principles of good governance as stipulated in the Treaty,” the court ruled.

    The court made the order and the declarations when handing down a judgment following an application for reference by the former Kayddodo East Constituency MP, William Sitenda-Ssebalu in which he sought mainly an order compelling the Community to immediately re-establish the East Africa Court of Appeal.