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Kakobeka v Tanzania (Application No. 029/2016) [2019] AfCHPR 14 (8 October 2019)
- Citation
- [2019] AfCHPR 14
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Court on Human and Peoples Rights
- Panel
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Case number
- Application No. 029/2016
- Language
- English
More details
- Court
- African Court on Human and Peoples Rights
- Panel
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Case number
- Application No. 029/2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court determined that, in the interests of justice, the proceedings should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be duly considered. The Court found that procedural fairness necessitated granting the Respondent State's request for extension of time, given the explanation provided regarding the need to obtain information from relevant stakeholders. The Court ordered that the Respondent State's response be served on the Applicant and that the Applicant be given an opportunity to reply within thirty days. This decision ensures that both parties are afforded equal procedural rights and that the merits of the reparations submissions are properly addressed before the Court renders its final determination.
Court disposition
pleadings re-opened; respondent's response deemed duly filed; applicant granted time to reply
Orders
- Proceedings in Application No. 029/2016 are hereby re-opened.
- The Respondent State's response to the Applicant's submissions on reparations is deemed as duly filed and shall be served on the Applicant.
- The Applicant's reply, if any, should be filed within thirty (30) days of receipt of the Respondent State's response.
02
Material facts
Parties
Kachukura Nshekanabo Kakobeka
ApplicantUnited Republic of Tanzania
Respondent Counsel: Dr. Clement J. Mashamba, Ms. Sarah Mwaipopo, Ambassador Baraka Luvanda, Ms. Nkasori Sarakikya, Mr. Mark Mulwambo, Ms. Aidah Kisumo, Mr. Elisha Suka, Ms. Blandina Kasagama03
Procedural history
Posture
Miscellaneous Application / Order on Re Opening of Pleadings
04
Questions and positions
Legal issues
- 01
Whether the Respondent State violated the Applicant's right to equality before the law during his trial and appeal.
- 02
Whether the Respondent State violated the Applicant's right to equal protection of the law under the African Charter.
- 03
Whether the Applicant's submissions on reparations should be considered in light of the Respondent State's late response.
Party arguments
- Applicant
- The Applicant alleges that his rights under Articles 3(1) and 3(2) of the African Charter on Human and Peoples' Rights were violated during his trial and appeal for murder, specifically the right to equality before the law and equal protection of the law. He filed submissions on reparations following the conviction and sentencing to death.
- Respondent
- The Respondent State requested an extension of time to respond to the Applicant's submissions on reparations, citing the need to gather information from various stakeholders. The response was filed together with the extension request, and the Respondent State maintains that its response should be considered by the Court.
05
Court’s reasoning
Legal principles
- 01
Article 3(1) and (2), African Charter on Human and Peoples' Rights
Right to equality before the law and equal protection of the law must be guaranteed in criminal proceedings.
- 02
Rule 8(2), Rules of Court; Article 22, Protocol to the African Charter on Human and Peoples' Rights
Procedural fairness requires that both parties have the opportunity to present submissions and responses within reasonable timeframes.
06
Ratio, limits and disposition
Ratio decidendi
The Court determined that, in the interests of justice, the proceedings should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be duly considered. The Court found that procedural fairness necessitated granting the Respondent State's request for extension of time, given the explanation provided regarding the need to obtain information from relevant stakeholders. The Court ordered that the Respondent State's response be served on the Applicant and that the Applicant be given an opportunity to reply within thirty days. This decision ensures that both parties are afforded equal procedural rights and that the merits of the reparations submissions are properly addressed before the Court renders its final determination.
Obiter and limits
- The Applicant did not submit any observations regarding the Respondent State's request for extension of time.
- The re-opening of pleadings is ordered solely in the interests of justice and procedural fairness.
Court disposition
pleadings re-opened; respondent's response deemed duly filed; applicant granted time to reply
- Proceedings in Application No. 029/2016 are hereby re-opened.
- The Respondent State's response to the Applicant's submissions on reparations is deemed as duly filed and shall be served on the Applicant.
- The Applicant's reply, if any, should be filed within thirty (30) days of receipt of the Respondent State's response.
Source and reliance status
African Court on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Court on Human and Peoples Rights
Judgment
| | | | | --- | --- | --- | | AFRICAN UNION |  | UNION AFRICAINE | |  | UNIÃO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES | | |
IN THE MATTER OF
KACHUKUKA NSHEKANABO KAKOBEKA
V.
UNITED REPUBLIC OF TANZANIA
APPLICATION NO. 029/2016
ORDER ON RE-OPENING OF PLEADINGS
8 OCTOBER 2019
The Court composed of: Sylvain ORÉ, President; Ben KIOKO, Vice-President; Rafaâ BEN ACHOUR, Ângelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Judges, and Robert ENO, Registrar.
Pursuant to Article 22 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) and Rule 8(2) of the Rules of Court (hereinafter referred to as “the Rules”), Judge Imani D. ABOUD, Member of the Court and a national of Tanzania, did not hear the Application.
In the matter of:
Kachukura Nshekanabo KAKOBEKA
*self-represented,*
versus
UNITED REPUBLIC OF TANZANIA,
represented by:
1. Dr. Clement J. MASHAMBA, Solicitor General, Office of the Solicitor General 2. Ms. Sarah MWAIPOPO,Acting Deputy Attorney General and Director of the Division of Constitutional Affairs and Human Rights, Attorney General’s Chambers 3. Ambassador Baraka LUVANDA, Head of Legal Unit, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation 4. Ms. Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State Attorney, Attorney General’s Chambers 5. Mr. Mark MULWAMBO, Principal State Attorney, Attorney General’s Chambers 6. Ms. Aidah KISUMO, Senior State Attorney, Attorney General’s Chambers 7. Mr. Elisha SUKA, Foreign Service Officer, Ministry of Foreign Affairs, East Africa, Regional and International Cooperation.
8. Ms. Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs,East Africa, Regional and International Cooperation. 9. THE PARTIES 10. The Applicant, Mr. Kachukura Nshekanobo Kakobeka is a national of the United Republic of Tanzania. He was convicted of the offence of murder on 26 June 2015 and sentenced to death by the Tanzania High Court.
11. The Respondent State, the United Republic of Tanzania, became a party to, the African Charter on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on 21 October 1986 and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 10 February 2006. On 29 March 2010, the Respondent State deposited the Declaration as prescribed under Article 34(6) of the Protocol. 12. SUBJECT MATTER OF THE APPLICATION 13. The Application, filed on 8 June 2016, is based on the Respondent State’s alleged violations of Articles 3 (1) and (2) of the Charter on the right to equality before the law and equal protection of the law in the course of the Applicant’s trial and appeal on the charge of murder.
1. SUMMARY OF PROCEDURE BEFORE THE COURT 2. The Parties exchanged pleadings on the merits. The Applicant filed his submissions on reparations. On 12 June 2019 the Parties were notified of the close of pleadings.
3. On 16 August 2019 the Respondent State filed a request for extension of time to file its response to the Applicant’s submissions on reparations on the basis that information was being sought from various stakeholders involved in the matter. The Respondent State filed the response to the submissions together with the request for extension of time.
4. On 23 August 2019 the Respondent State’s request was sent to the Applicant for his observations to be submitted within fifteen (15) days. The Applicant did not submit any observations in this regard. 5. THE COURT: 6. Orders that, in the interests of justice, proceedings in *Application No. 029/2016 Kachukura Nshehanabo Kakobeka v United Republic of Tanzania* be and are hereby re-opened 7. The Respondent State’s Response to the Applicant’s submissions on reparations is deemed as duly filed and to be served on the Applicant.
8. The Applicant’s Reply, if any, should be filed within thirty (30) days of receipt of the Respondent State’s Response.
Signed:
Sylvain ORÉ, President
and Robert ENO, Registrar.
Done at Arusha, this Eighth Day of October in the Year 2019.
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