Sebalu v Secretary General of the East African Community
Sebalu v Secretary General of the East African Community (Reference 8 of 2012) [2013] EACJ 141 (22 November 2013) (First Instance Division)
The Court found that the Council of Ministers and the Respondent failed to implement the judgment in Reference No. 1 of 2010 and the taxation ruling in Taxation Cause No. 1 of 2011, despite clear orders and knowledge of those orders. The absence of a stay or discharge meant the orders remained valid and binding, and the Respondent's actions constituted contempt of court and infringement of Article 38(3) of the Treaty. The attempt to justify non-compliance by reference to a pending application for leave to appeal was rejected, as only a stay could suspend the obligation to comply. The Court he…
Source excerpt
- Contempt Of Court
- Implementation Of Judgments
- Treaty Interpretation
- International Organization Immunity
- Extended Jurisdiction
- Human Rights Jurisdiction