The EACJ dismissed an interim injunction application, finding a serious triable issue but no evidential proof of irreparable injury pending the reference.
Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021) [2022] EACJ 18 (28 February 2022) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal No.4 of 2021
Judge
Kayobera P, Kiryabwire VP, Mjasiri JA, M'lnoti JA, Mugeni JA
The EACJ Appellate Division held that it does not exercise appellate jurisdiction over national courts, including the Supreme Court of Kenya, but is empowered to determine whether acts or omissions of Partner State organs, including judicial organs, violate the EAC Treaty. The Court found that the Reference was properly before it, as the impugned act was the Supreme Court's decision, and the Reference was filed within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court affirmed that access to justice and the rule of law are fundamental and operational principl…
Mbidde Foundation Ltd and Another v Secretary General of the East African Community and Another [2014] EACJ 146 (15 August 2014) (First Instance Division)
Court
East African Court of Justice
Judge
Butasi JA, Lenaola JA, Ntezilyayo JA
The EACJ held that consolidated references over the proposed removal of the EALA Speaker involved public interest issues and should be treated as withdrawn by consent, with each party bearing its own costs.