THE EAST AFRICA LAW SOCIETY REGIONAL PRACTICE SERIES ( - )

Date: 17th and 18th October 2019 Venue: The , Kampala. ABOUT THE TRAINING The East Africa Law Society and EALS Institute in partnership with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, the East African Court of Justice and the Uganda Law Society will be hosting a highly specialized two-day training on practice before Regional Courts and Tribunals for East African lawyers with a focus on the Ugandan cohort. The training comes at a time when there’s increasing demand for cross-border legal services and legal expertise in this area with numerous clients seeking these services elsewhere. This disadvantages talented local lawyers who would otherwise have offered similar or even better services. It also seeks to bridge an expertise gap identified by a recent study conducted by the East Africa Law Society on the status of implementation of decisions of the East African Court of Justice which among others raised a red flag over the nature of pleadings filed and prayers sought by legal professionals appearing before the Court that made it difficult to implement some of its decisions. in This course thus provides the perfect opportunity for legal professionals in the region to bridge this skill gap. The course will focus on practice before partnership two major Courts; the East African Court of Justice (EACJ) at the regional with level the African Court on Human and People’s Rights (AfCHPR) at the continental level. Delegates will be taken through the mandates of the two Courts including the arbitration mandate where possible and they will be taught the various rules of procedure applicable in the Courts. Practical exercises will be availed to give delegates a first-hand feel of actual litigation before them. WHO SHOULD ATTEND The training has been tailor made for all practicing lawyers in the region, counsel working for bodies that undertake public interest advocacy (including national and international human rights institutions), academics and legal researchers, arbitration experts and even commercial lawyers. FACILITATORS

Hon. Yufnalis Okubo Prof. Fredrick E. Ssempebwa (SC) Registrar EACJ Founding and Senior Partner Key Note Speaker KATS

Mr. Francis Gimara (SC) – Head of ALP East Africa Group Mr. Gerald Batanda – Partner, Signum Advocates Mr. Edwin Tabaro – Managing Partner, KTA Advocates Ms. Asmahaney Saad – Secretary General, EALS

TRAINING CHARGES: The Course is offered free of charge and co-sponsored by the EALS and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. Note: Delegates are expected to cover own travel and accommodation. COURSE OUTLINE

DAY 1 : THURSDAY 17TH OCTOBER 2019 TIME SESSION FACILITATORS MODERATORS 8: 30 AM - 9:00 AM Arrival and Registration of Delegates The East Africa Law Society OPENING CEREMONY 9:00 AM - 9:10 AM Welcome Remarks and Objectives Mr. Peter Kinobe of the Training President, Uganda Law Society Ms Asmahaney 9:10 AM - 9:40 AM Opening speeches Ms Joyce Nalunga Saad Chief Executive Officer, Secretary General Uganda Law Society. East Africa Law Society 9:40 AM - 10:20 AM An overview of the EAC as a Prof Fredrick E. Regional Economic Community Ssempebwa (SC) – Relooking the Treaty for the Senior and Founding Establishment of the East African Partner, Katende Community and its promise the Ssempebwa & people of East Africa. Company Advocates 10:20AM – 10:50 AM Discussions Delegates 10:50 AM - 11:30 AM GROUP PHOTOGRAPH AND TEA/COFFEE BREAK SESSION I 11:30 AM - 12:00 PM An Overview of the East African Court of Justice 12:00 PM - 12:15 PM Background to the East African Court of Justice Rules of Procedure (General provisions, EACJ Registries, documents, appearance and Hon. Yufnalis Okubo Mr. Edwin Tabaro, representation) Registrar, East African Managing Partner 12:15 PM - 1:00 PM Litigation Before the Court (EACJ) Court of Justice KTA Advocates Jurisdiction of the Court and admissibility of applications, Preparation and Filing of Pleadings, Interlocutory Applications, Written Proceedings, Third Party Interventions. 1:00 PM - 1:30 PM Practical exercises on drafting, Mr. Francis Gimara (SC) preparation and filing of Founding Partner and documents Head of ALP East Africa 1:30 PM - 2:20 AM LUNCH BREAK SESSION II 2:20 PM - 2:50 PM Institution of Proceedings Hon. Yufnalis in the First Instance Division Mr. Francis Gimara (SC) Okubol Amendment of pleadings, withdrawal and discontinuance, oral proceedings, judgement and orders. 2:50 PM - 3:30 PM Practical exercise in written Delegates proceedings, third party and intervention and pleadings including preparation and drafting of interlocutory applications 3:30 PM - 4:30 PM Institution of Proceedings in the Mr. Francis Gimara (SC) Appellate Division Institution of an appeal, hearing of appeals, advisory opinions, case stated 4:30 PM - 4:45 PM TEA/COFFEE BREAK 4:45 PM - 5:30 PM Exercise on institution of appeals Delegates David Sigano END OF DAY ONE DAY 2 - FRIDAY 18TH OCTOBER 2019 TIME SESSION FACILITATORS MODERATORS SESSION III 8: 30 AM - 9:20 AM Miscellaneous Provisions Hon. Yufnalis Okubo Stay of proceedings, execution of decisions, costs, Ms Asmahaney arbitration capacity of the Saad EACJ 9: 20 AM - 10:00 AM Exercise on application for Delegates stay and bill of costs 10:00 AM - 10:30 AM TEA/COFFEE BREAK 10:30 AM - 11:30 AM Litigation before the African Mr. Gerald Batanda Court on Human and People’s Partner, Signum Rights - Jurisdiction of the Advocates Court and admissibility of applications, Content of cases Edwin Tabaro on the merit and reparations. 11:30 AM - 12:30 PM Practical cases on jurisdiction Mr. Gerald Batanda and admissibility of cases before the AfCHPR Ms. Asmahaney Saad 12:30 PM - 2:00 PM LUNCH BREAK SESSION IV 2:00 PM - 4:00 PM Questions and Discussions/ Delegates Edwin Tabaro Sharing of experiences 4:00 PM – 4:30 PM p Awarding of Certificates East Africa Law Society David Sigano 4.30 PM Vote of thanks One of the Delegates END OF DAY

ABOUT THE FACULTY The East Africa Law Society has put together a highly experienced team of facilitators to deliver this course. Most of the facilitators have first-hand experience of day to day running of international litigation. They include Hon. Yufnalis Okubo, Registrar, East African Court of Justice, Professor Fredrick Edward Ssempebwa (SC), Founding and Senior Partner, Katende, Ssempebwa & Co. Advocates, Mr. Francis Gimara (SC), Founding Partner and Head of ALP East Africa, Mr. Gerald Batanda, Partner, Signum Advocates, Ms Asmahaney Saad, Secretary General, East Africa Law Society and Mr. Edwin Tabaro, Managing Partner, KTA Advocates.

Hon. Yufnalis Okubo, Registrar East African Court of Justice Hon. Okubo holds an LLB Degree from the University of Nairobi, an LLM from the same University, an MBA from Moi University and is currently pursuing a PhD from the University of Cologne. He also holds a Diploma in Legal practice from Kenya school of Law, Diploma in peace studies from Upsalla University, Diploma in Finance and Accounting (ACCA), a Certified Public Secretary (CPS(K) and a member of the Chartered Institute of Arbitrators. Has conducted several trainings on the Rules of Procedure for EACJ and presented a number of papers in various workshops and seminars on the role of EACJ in regional integration and on the role of regional Courts in developing regional jurisprudence as a guide to regional integration.

Previously: For the last 9 years he was the Legal Counsel to the Intergovernmental Authority for Development (IGAD) a Regional Economic Community where he was in charge of the legal division and institutional affairs. He was also the acting Director of Peace and Security for close to 2 years while at IGAD where he oversaw matters of the rule of law and democracy. He also practiced law in Kenya and dealt with high profile cases in both civil and criminal practice. He carries a wide experience both in law and administration.

He was appointed as the Registrar of the EACJ on 29th February 2016. Prof. Fredrick E. Ssempebwa (SC) Founding and Senior Partner, Katende, Ssempebwa & Company Advocates Professor Ssempebwa (SC) is one of the Founding Partners of Uganda’s leading law firm, KATS. Professor Ssempebwa supervises all legal work undertaken by KATS. Prof. Ssempebwa has not only participated in groundbreaking litigation (he appeared in the first case brought before the newly instituted East African Court of Justice), but has been instrumental in the formulation of numerous laws in Uganda. He is a celebrated Professor of Law at University in Uganda as well as the Universities of Dar-es-Salaam and Zambia.

Professor Ssempebwa has practiced law both within and outside the courtrooms with distinction for nearly fifty (50) years and he is a leading consultant in several areas of practice in Uganda. He has meritoriously earned the title of “Senior Counsel” in the Ugandan Courts of Judicature and his outstanding scholarly record has made him a leading authority in Uganda on matters relating to Revenue Law and Taxation, Constitutional Law, Contracts, Conveyance and General Litigation. He is one of the most respected and most widely consulted lawyers in Uganda.

Professor Ssempebwa was a member of the 1995 Constitutional Commission which helped draft the 1995 Constitution of the Republic of Uganda and was the Chairperson of the Uganda Constitutional Review Commission which was charged with reviewing the same Constitution six (6) years later. He was a member of the Committee of Experts charged with advising on the amendment of the Constitution of the Republic of Kenya, was enlisted to advise on the Constitution drafting exercise for the Republic of South Sudan. He sits on the Judicial Service Commission of Uganda that makes recommendations for the appointment of Judges in Uganda.

Professor Ssempebwa has been instrumental in the drafting of various pieces of legislation, regulations and rules governing regulatory bodies including but not limited to; the Insurance Act, the Tax Appeals Tribunal Act and its Rules as well as the Uganda Communications Commission Rules. He was a Member of the Taxpayers Advisory Committee of the Uganda Revenue Authority (URA) from 2000 to 2002, a Member of the Minister of Finance Advisory Group on drafting the Income Tax Act, 1987 and a Consultant to the Ministry of Finance and the URA on forming the Tax Appeals Tribunal and drafting the aforementioned Tax Appeals Tribunal Act.

The Professor has on several occasions served as President of the Uganda Law Society (ULS), is a former President of the East African Law Society (EALS) and has also served in a ministerial capacity in the Government of Uganda. He sits on the Boards of several major corporate bodies and Government Parastatals in Uganda.

Professor Ssempebwa is a published author and has written extensively. He holds several awards of recognition and distinguished service from ULS, EALS and the Institute of Chartered Public Accountants of Uganda (ICPAU). His highly anticipated book “East African Community Law” was launched on the 27th November, 2015 at the EALS 20th Annual Conference and General Meeting in Zanzibar, East Africa.

On the 28th March, 2018, Professor Ssempebwa was awarded the Special Rank of Senior Counsel (the highest honor in the legal fraternity) by the Chief Justice of Uganda, Hon. Bart Katureebe. Mr. Francis Gimara (SC) Mr. Gimara (SC) is the Head of ALP East Africa Group. He is a renowned attorney in the legal industry with over 16 years of experience. His clients have included multinational companies, banks, financial sponsors, prominent political and social figures and several public interest matters. A passionate and inspiring leader, Francis has been committed to growth in the region and vocal on innovation and the law.

Francis specializes in Regional Integration Law and is undoubtedly a pioneer of the field in the region. Over the years, he has identified and secured processes and resources including manpower and knowledge across borders to preserve the interests of our clients. With a great understanding of the region, he has ably provided consultancy services to multinational clients who include USAID and International Organization for Migration (IOM).

Francis further specializes in Corporate Governance and offers legal advisory to some of the top tax paying companies in Uganda as well as sitting on several Boards of key companies. He has a passion for Alternative Dispute Resolution with emphasis on Arbitration and has been instrumental in establishing the International Centre of Arbitration and Mediation Kampala (CAMEK) in conjunction with the Uganda Law Society and supporting similar developments in South Sudan and Tanzania.

Francis served as President of the Uganda Law Society (2016-2017) and was awarded the distinguished honor of Senior Counsel by the Law Society and Chief Justice Honourable Justice Bart Katureebe in recognition of his contribution to the development of the legal profession. He continues to pursue networks that are capable of pushing the legal and African renaissance agenda of which ALP East Africa stands for. He is a member of Uganda Law Society, the East African Law Society, the Pan African Lawyers Union and the International Bar Association.

He holds a Master of Laws (LLM) from Cambridge University, UK, a Post Graduate Diploma in Business Administration from Edinburgh Business School (Herriot Watt University), a Bachelor of Laws degree from , Uganda and a Diploma in Legal Practice from the , Uganda.

Mr. Gerald Batanda Mr. Gerald Batanda is a renowned legal practitioner both in private practice and in Government.

He for over seven years served at the Attorney General’s Chambers where he litigated at the regional level including the East African Court of Justice and the Common Market for Eastern, Central and Southern Africa (COMESA) Court. He has wide experience appearing before the Supreme Court, Court of Appeal, Constitutional Court, High Court and various Tribunals and Commissions in Uganda.

He joined Signum Advocates as a Partner in January 2018. He specializes in energy law, commercial dispute resolution & commercial arbitration as well as corporate and commercial law generally.

Mr. Batanda is also a lecturer at the Institute of Petroleum Studies, Kampala.

Mr Batanda holds a Master of Laws in Energy Law (Distinction) from the University of Aberdeen, Scotland a Diploma in Legal Practice from the Law Development Centre and an LLB (HONS) Makerere University. Mr. Edwin Tabaro Mr. Edwin Tabaro is the Managing Partner of KTA Advocates. Admitted to the bar in 2008 as an Advocate of the High Court of Uganda, Edwin has a right of audience in the superior courts of the partner states of the East African Community. Edwin focuses on regional intellectual property in the East African Community, banking and project finance specifically on cross- border lending and transactions in the East African Community. Edwin has also built expertise in the area of East Africa Community law assisting clients to navigate the web of various laws and regulation in the community.

He has litigated ground-breaking Intellectual Property cases in the commercial court of Uganda particularly led KTA team in the first case of its kind on image rights in Uganda, enforcement of trade secrets and confidential information. He also focuses on Trademark and Patent prosecution in the region in association with lawyers in Tanzania, Kenya, Rwanda, Burundi and South Sudan. Edwin has handled complex disputes arising from banking transactions for a number of financial institutions that the firm represents. He also focuses on deal structuring and raising finance for projects and has particularly advised Pearl Meat Industries, a consortium of Italian Coge meat ltd, UAE Fund Salah Khamas Capital together with local partners on the set up of a beef export firm. Edwin is a director in the same firm.

Edwin spends his leisure time golfing at the golf club, tea farming in the Rwenzori region and loves wildlife. He serves as the Secretary of Entebbe Club and is a former Council Member on the Governing Council of East Africa Law Society He sits on various committees of the Uganda Law Society.

Ms. Asmahaney Saad Ms. Asmahaney Saad is the current Secretary General of the East Africa Law Society. She specializes in mining and extractive industry law. She has managed both domestic and regional development projects like drilling of oil test wells, construction of oil development infrastructure like roads, camps, domestic feed- in pipelines and regionally; the East African Crude oil pipeline project.

She has extensive knowledge and in the infrastructure, business set up, market entry and understands the regulatory and legal environment of the extractive industry throughout the value chain. She has managed a variety of sector- based stakeholder relationships ranging from national government institutions, multilateral agencies, the private sector, indigenous organizations in managing risk and ensuring business continuity in emerging sectors.

She is passionate about developing sustainable business models, technology, and empowerment of women in business. She is a female entrepreneur mentor with Zimba women and provides legal aid to the Uganda Law Society specific to the extractive sector. She is also part of the Energy and Petroleum, Environment, Land, Human Rights and Local Content Clusters of the Uganda Law Society.

Ms. Saad holds a Masters in International Business Administration (Eslsca Paris), a Post Graduate Diploma in Legal Practice, Law Development Centre (LDC) and an LLB from Makerere University.

REGISTRATION There are limited slots available for this training. Applicants that are fully paid up mem-bers of EALS will be shortlisted on a first come first serve basis.Note only shortlisted candidates will be informed through email. ABOUT EALS INSTITUTE Founded in 2017, EALS Institute has grown rapidly as a reputable center in legal studies in East Africa. In its first year of operations, EALS Institute concluded unprecedented capacity building programs and partnerships. EALS Institute hosted the first major construction law workshop in the region tailored for the legal profession. Hosted in collaboration with Cornerstone Seminars, the FIDIC Contracts workshop attracted over 150 lawyers from across East Africa and laid a solid foundation for future training activities.

Since then EALS Institute has concluded partnership agreements with Conference of Western Attorney Generals (CWAG) and has hosted several activities under the partnership, notably the Kigali Workshop on Cybercrimes and Forensic Evidence. The partnership with CWAG especially targets capacity building in the justice administration sectors, targeting not only legal practitioners but also law enforcement agencies and judicial officers. Future trainings under this partnership include trial advocacy, criminal justice, white collar crimes, anti-bribery and anti-counterfeit measures.

We have also partnered with the Africa Legal Support Facility to establish the ALSF Academy as a pan-African legal capacity building mechanism. Through the initiative, the inaugural ALSF Academy training targeting young lawyers drawn from East Africa, Southern Africa and French-speaking Central and West Africa has kicked off.

EALS Institute has also entered into partnership with the University of Nairobi School of Law and Strathmore University School of Law to promote legal studies and mentorship of young lawyers and law students. Through our partnership with Strathmore University, we have sponsored student moot courts in the extractive industry and aim to deepen knowledge of the extractive industry among key stakeholders.

We have also entered into partnership with the Advocates for International Development (A4ID) to carry out capacity building on responsible corporate practices across the region.

The Institute offers onsite trainings and we are in the process of undertaking offsite trainings through our online campus. ABOUT THE EAST AFRICA LAW SOCIETY East Africa Law Society is the regional bar for the East African Community. Our membership comprises of all the national bars in the East African Community – the Law Society of Kenya, Tanganyika Law Society, Uganda Law Society, Zanzibar Law Society, Rwanda Bar Association, Burundi Bar Association and the South Sudan Bar Association.

JOIN US AT THE 24TH EAST AFRICA LAW SOCIETY ANNUAL CONFERENCE AND GENERAL MEETING IN KIGALI,RWANDA FROM 4TH - 9TH NOVEMBER, 2019 SEE YOU THERE !!!

CONTACT US

EAST AFRICA LAW SOCIETY EALS House, Plot No. 310/19, PPF AGM Area,PPF Road off Njiro Road, P.O. Box 6240, Arusha – Tanzania; Tel: (+255 27) 254 3226/7; Cell (+255 786) 821010, (+255 786) 836545: (+254 721) 836545 Email: [email protected]; [email protected]; [email protected]

www.ealawsociety.org East Africa Law Society @ealawsociety