EAST AFRICAN COURT OF JUSTICE LAW REPORT 2012 – 2015 Citation: [2012-2015] EACJLR Published by the East African Court of Justice ISBN: 978-9987-712-64-9 © 2015 Printed and bound by Mann Printers EDITORIAL COMMITTEE Hon. Justice Dr. Emmanuel Ugirashebuja President Hon. Mr. Justice Liboire Nkurunzinza Vice President Hon. Lady Justice Monica Mugenyi Principal Judge Hon. Mr. Justice Isaac Lenaola Deputy Principal Judge Hon. Mr. Justice Geoffrey Kiryabwire Judge, Appellate Division Hon. Justice Dr. Faustin Ntezilyayo Judge First Instance Division Geraldine Umugwaneza Ag. Registrar Wanjiru Rubia Research Officer COMPOSITION OF THE EAST AFRICAN COURT OF JUSTICE Appellate Division Hon. Justice Dr. E. Ugirashebuja President Hon. Mr. Justice L. Nkurunzinza Vice President Hon. Mr. Justice E. Rutakangwa Hon. Mr. Justice A. Ringera Hon. Mr. Justice G.Kiryabwire First Instance Division Hon. Lady Justice M. Mugenyi Principal Judge Hon. Mr. Justice I. Lenaola Deputy Principal Judge Hon. Justice Dr. F. Ntezilyayo Hon. Mr. Justice F. Jundu Hon. Mr. Justice A. Ngiye COMPOSITION 2012 - 2015 Appellate Division Hon. Mr. Justice H. R Nsekela President Hon. Mr. Justice P. K Tunoi Vice President Hon. Lady Justice E. R. Kayitesi Hon. Mr. Justice L. Nzosaba Hon. Mr. Justice J. M.Ogoola First Instance Division Hon. Mr. Justice J. Busingye Principal Judge Hon. Lady Justice M. Arach-Amoko Deputy Principal Judge Hon. Mr. Justice J. J Mkwawa Hon. Mr. Justice J. B. Butasi Principal Judge iv INTRODUCTION The jurisprudence on Community Law has steadily grown since the inception of the East African Court of Justice. The main objective of the East African Court of Justice Law Report (EACJLR) is to publicize the cases decided by the Court in a user friendly manner. This volume contains cases decided by the Court between 2012 and 2015. Each contains a case summary together with a list of legal instruments and cases cited plus the complete and unabridged ruling or judgment. However, the report does not include all references filed during the reporting period. This report was developed by the East African Court of Justice with advisory support of Raoul Wallenberg Institute and as part of a cooperation project financially supported through Swedish development cooperation. The content remains the responsibility of the East African Court of Justice. December 2015 v CASES REPORTED Abdu Katuntu v The Attorney General of Uganda and Others 58 Alcon International Limited v Standard Chartered Bank of Uganda and Others 611 Alcon International Ltd v The Standard Chartered Bank of Uganda and Others 430 Among A. Anita v Attorney General of Uganda and Others 79 Angella Amudo v The Secretary General of the East African Community 1 Angella Amudo v The Secretary General of the East African Community 592 Antony Calist Komu v The Attorney General of the United Republic of Tanzania 101 Attorney General of the Republic of Uganda and Another v Omar Awadh and Others 214 Attorney General of the Republic of Uganda v East African Law Society and Others 379 Avocats sans Frontier v Mbugua Mureithi wa Nyambura and Others 387 Benoit Ndorimana v The Attorney General of the Republic of Burundi 259 Bonaventure Gasutwa and Others v Attorney-General of the Republic of Burundi 540 Burundian Journalists Union and Others v The Attorney General of the Republic of Burundi 299 Democratic Party v The Secretary General, East African Community and Others 32 Democratic Party v The Secretary General of the East African Community and Others 559 East Africa Law Society v The Attorney General of the Republic of Burundi and Another 466 East African Civil Society Organisations Forum v Attorney General of Burundi and Another 623 East African Civil Society Organisations Forum v Attorney General of Burundi and Others 625 FORSC and Others v Burundian Journalists’ Union and Another 510 Georges Ruhara v The Attorney General of the Republic of Burundi 490 Godfrey Magezi v The Attorney General of the Republic Uganda 281 Henry Kyarimpa v The Attorney General of the Republic of Uganda 267 Henry Kyarimpa v The Attorney General of the Republic of Uganda 390 Hilaire Ndayizamba v The Attorney General of the Republic of Burundi and Another 49 Hon. Sam Njuba v Hon. Sitenda Sebalu v The Secretary General of the East African Community 246 Independent Medico Legal Unit v Attorney General of the Republic of Kenya 164 Legal Brains Trust (LBT) Limited v The Attorney General of the Republic of Uganda 237 vi M/S Quality Chemical Industries Ltd and M/S National Medical Stores v Godfrey Magezi 530 Mary Ariviza and Another v Attorney General of Kenya and Another 228 Mbidde Foundation Ltd and Another v Secretary General of East African Community and Another 521 Patrick Ntege Walusumbi and Others v The Attorney General of the Republic Uganda and Others 323 Rt. Hon. Margaret Zziwa v The Secretary General, East African Community 499 Rt. Hon. Margaret Zziwa v The Secretary General of the East African Community 555 Simon Peter Ochieng and John Tusiime v The Attorney General of the Republic Uganda 361 The Attorney General of the Republic of Rwanda v Plaxeda Rugumba 204 The Attorney General of the Republic of Uganda v The East African Law Society and Another 398 The Attorney General of the Republic of Uganda v The East African Law Society and Another 537 The Attorney General of the Republic of Uganda v The East African Law Society and Another 189 The Attorney General of the Republic of Uganda v Tom Kyahurwenda 450 The Attorney General of the United Republic of Tanzania v African Network for Animal Welfare 573 The East African Centre for Trade Policy and Law v The Secretary General of the East African Community 146 The East African Law Society v The Attorney General of the Republic of Uganda and Another 195 The Secretary General of the East African Community v Angella Amudo 199 The UPRONA Party and Others v Attorney General of the Republic of Burundi and Another 514 Timothy Alvin Kahoho v The Secretary General of the East African Community 17 Timothy Alvin Kahoho v The Secretary General of the East African Community 181 Timothy Alvin Kahoho v The Secretary General of the East African Community 412 UHAI EASHRI and Another v Human Rights Awareness & Promotion Forum and Another 547 Union Trade Centre Ltd (UTC) v The Attorney General of the Republic of Rwanda 344 Venant Masenge v The Attorney General of the Republic of Burundi 136 vii SUBJECT MATTER INDEX Advisory Opinion Basic requirements of lodging a reference- Advisory opinions- Locus standi - Cause of action - Hypothetical cases- Whether there was a real dispute for adjudication. Legal Brains Trust (LBT) limited v The Attorney General of the Republic of Uganda 237 Amicus Curiae Amicus curiae- Bias - Locus standi - Neutrality and objectivity - Territorial scope of an Intervener. UHAI EASHRI and Health Development Initiative, Rwanda v Human Rights Awareness & Promotion Forum (HRAPF) and The Attorney General of the Republic of Uganda 547 Common Market Concurrent jurisdiction – Common Market Dispute Settlement Mechanism – No ouster of EACJ jurisdiction- Specialized dispute resolution mechanisms – Whether the dispute resolution mechanisms in EAC Customs Union Protocol and Common Market Protocol were inconsistent with the Treaty and limited EACJ’s jurisdiction. The East African Centre for Trade Policy and Law v The Secretary General of the East African Community 146 Lack of jurisdiction ratione materiae and jurisdiction ratione personae - No Retroactive application of the Common Market Protocol - Protection of cross- border investments by Partner States - The doctrine of mootness- Whether the Trial Court erred in finding there was no cause of action against the 2nd Respondent. Alcon International Ltd v The Standard Chartered Bank of Uganda, The Attorney General of Uganda & The Registrar, High Court of Uganda. 430 East African Community Areas of co-operation in EAC – Delegation of authority - Damages - Judicial irregularities- Summit directives to Secretariat - The proposed Protocol on Immunities and Privileges - The requirements of good Faith- Whether the First Instance Division failed to consider the Applicant’s arguments. Timothy Alvin Kahoho v The Secretary General of the East African Community 412 Areas of EAC Co-operation - The EAC Secretariat’s role in integration - The role of Summit, the Council of Ministers, the Co-ordination Committee and Sectoral Committees - The Proposed Protocol on Immunities and Privileges – People -centered co-operation- Process of establishing the Political Federation - Summit decisions- Whether the Heads of States’ decision contravened the Treaty- Whether the establishment of a Political Federation is an exclusive preserve of the Council. Timothy Alvin Kahoho v the Secretary General of the East African Community 17 Human rights abuses - Membership of the East African Community - South Sudan’s application for membership - Summit’s discretionary mandate on membership - The prerogative of the Partner States - Whether the Reference disclosed a cause of action. Patrick Ntege Walusumbi and 2 others v The Attorney General of the Republic Uganda and 5 others 323 viii Elections Election of Members of the East African Legislative Assembly - Amendment of Pleadings- Participation of political parties in the elections- Whether the amended Reference conformed with the Court’s rules - Whether the Parliament of Uganda exercised its power of election under the Treaty. Abdu Katuntu v The Attorney General of Uganda, The Secretary General East African Community and Others 58 Categories