Kenya National Assembly Committee on regional integration visits EACJ

The Judge President East African Court of Justice, Hon. Justice Dr. Emmanuel Ugirashebuja welcomed Members of the committee on regional integration from the National Assembly of the Republic of Kenya.

 His Lordship informed the Committee on the composition of the Court, achievements and challenges of the Court - that the EACJ is composed of ten (10) Judges, two (2) from each Partner State and that each of the two divisions of the Court has a bench of five (5) Judges.

The Judge President also informed the Committee the two Judges representing the Republic of Kenya,  Hon. Mr. Justice Aaron Ringera of the Appellate Division and Hon. Mr. Justice Isaac Lenaola Deputy Principal Judge of the First Instance Division.

The Judge President further informed the group that the EACJ has established Sub-registries in all Partner States’ capitals and that in Kenya it is located at the Milimani Law Courts. The Sub-registries were established to bring justice closer to the East Africans by giving the citizens access to the Court for any dispute that might arise.

Judge President Hon. Justice Dr. Emmanuel Ugirashebuja addressing the team 

His Lordship again informed the team that the sub-registries have led to an increase in the cases before the Court as litigants no longer have to travel to Arusha to file their cases which is costly and time consuming.  

The Committee was informed that in an effort to enhance its publicity and to reach the Citizens in East Africa, the Court has been going to the Partner States to sensitize Civil Society Organisations and Judges of the National Courts on the role and operations of the Court.

In 2014 the Court held workshops in Kampala, Uganda and Kigali, Rwanda to educate Civil Society organizations the role of the Court in settling disputes that are in violation of the Treaty for the Establishment of the East African Community.

The Court targets the Civil Society with the aim to educate on the procedures of lodging a case in the EACJ while the Judges of the National Courts are made well informed and aware on how to refer matters on preliminary rulings to the EACJ for interpretation in accordance to Articles 30 (1) and 34 of the Treaty. The Court is still in the process of educating the target groups in the other Partner States.

Ag. Registrar Ms. Geraldine Umugwaneza talking to the Committee Members in the Court Room

The Judge President also informed the Committee that Judges of the Court serving on ad hoc basis is one of the major challenges faced by the Court. That due to increase of cases especially in the First Instance Division, the Court experiences some delay in determining these cases hence leading to justice delayed. 

He also added that some Judges serve in the National Courts making it very difficult to have all of them free from their National judicial services at the same time.

Justice Ugirashebuja noted that the limited Jurisdiction of the Court is another challenge. Due to limited jurisdiction on human rights issues, some cases are dismissed on grounds of lack of jurisdiction. However, he said that the Protocol on the extension of the Court’s jurisdiction is under discussion and it is expected that the Council of Ministers will make a decision at a suitable time in pursuant to Article 27 (2) of the Treaty.

Group photo opportunity Judge President and Ag. Registrar with the Team.

His Lordship thanked the team for having considered the Court and encouraged them to be Its Ambassadors and that the Court will continue pursuing justice and to achieve its mandate.

Hon. Christopher Doye, Nakuleu, MP, Turkana North Constituency Head of the Committee, thanked the Judge President and Ag. Registrar Ms. Geraldine Umugwaneza for allowing them to visit the Court and sharing its experience on the achievements, challenges and developments of the Court and urged that the Judges be allowed to be permanent residents especially in the First Instance Division and that the Protocol on extension of the jurisdiction of the Court be concluded as issues on human rights are critical as the Partner States are implementing of the Customs and Common Market Protocols.