EACJ Dismisses Ugandan MP Case.
East African Court of Justice dismissed a case\r\nchallenging the rules of procedure for the election of Uganda’s members of EALA\r\nadopted by the Parliament of Uganda are contrary to the Treaty for the\r\nEstablishment of the East African Community. The Case had been filed by Hon.\r\nAbdu Katuntu, the shadow Attorney General against the Government and the\r\nSecretary General of the East African Community (EAC).
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Court in its view said that the impugned rules for the\r\nelection of Members of EALA that were passed following EACJ order in the Hon. Mukasa\r\nMbidde case conformed to the Article 50 (1) of the Treaty. Court further\r\nexpressed satisfaction that the rules were made by following a proper\r\ninterpretation of the same Article 50 as laid in the Prof. Anyang’ Nyongo case\r\nand the Jacob Oulanyah case.
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The Court further said that the meaning and import of\r\nArticle 50 (1) does not require that all six (6) political parties in the\r\nParliament to be represented in EALA. It also declared that, it is not a\r\ndispute that following a lengthy debate, that the Parliament of Uganda on May\r\n18, 2012 passed the Rules of Procedure for the EALA election.
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The Court said that it has the jurisdiction\r\nrelating to election of the EALA members only where it requires interpretation\r\nof the Treaty. The matter was therefore dismissed, and Court ordered every\r\nparty to bear its costs.
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Present in Court to receive the judgment were Hon.\r\nWilbert Kaahwa, representing the Secretary General of the East African\r\nCommunity (2nd respondent), The Attorney General of Uganda (1st Respondent)\r\nrepresented by Ms. Robina Gureme Rwakoojo Commission, Civil Litigation Ministry\r\nof Justice and Constitutional Affairs and others, The Counsel for the\r\nIntervener Rt. Hon. Margareth Nantongo Zziwa, Speaker of the East African\r\nLegislative Assembly and other 8 EALA Members from Uganda, represented by Mr.\r\nJustin Semuyaba.
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The coram consisted of Hon. Justice Jean Bosco Butasi, Principal\r\nJudge, Hon. Justice Lady Justice, Stella Arach Amoko, Deputy Principal Judge, Hon.\r\nJustice John Mkwawa, Hon. Justice Isaac Lenaola and Hon. Justice Dr. Faustin\r\nNtezilyayo all of the First Instance Division.
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Find the Judgment here
Posted 26th, November 2013
