THE EAST AFRICA LAW SOCIETY REGIONAL PRACTICE SERIES (KAMPALA - UGANDA) Date: 17th and 18th October 2019 Venue: The Imperial Royale Hotel, 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 Makerere 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.
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