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2 Dec 2022

Civil Procedure [2022] EACJ 6

Central Bank of Kenya v Pontrilas Investments Limited and Attorney General of Republic of Kenya (Application No.6 of 2022)

Central Bank of Kenya v Pontrilas Investments Limited and Attorney General of Republic of Kenya (Application No.6 of 2022) [2022] EACJ 6 (2 December 2022) (First Instance Division)

Court: East African Court of Justice
Case number: Application No.6 of 2022
Judge: Masara PJ, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The Court found that the Central Bank of Kenya is not an Institution of the East African Community as defined by Article 9(2) and (3) of the Treaty. The evidence provided by Florence Ochago, which listed the institutions of the Community and excluded the Central Bank of Kenya, was uncontroverted. The respondent's arguments failed to rebut this evidence or provide proof that the Central Bank of Kenya was established by the Summit as required by the Treaty. The Court relied on previous decisions, including Modern Holdings (E.A.) Limited v Kenya Ports Authority and Alcon International Limited v…

Source excerpt

Jurisdiction Ratione Personae
Joinder Of Parties
Institutions Of The Community
Treaty Interpretation

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28 Nov 2022

Civil Procedure [2022] EACJ 31

Secretary General of the East African Community v Uwezeyimana (Application 15 of 2021)

Secretary General of the East African Community v Uwezeyimana (Application 15 of 2021) [2022] EACJ 31 (28 November 2022) (First Instance Division)

Court: East African Court of Justice
Case number: Application 15 of 2021
Judge: Muhumuza JA, Nyawello JA, Wejuli JA

The Court determined that its jurisdiction in personam is strictly limited to Partner States and Institutions of the East African Community as defined by the Treaty. KCB Bank Tanzania Limited, being a private corporate financial institution and not designated as an Institution of the Community under Article 9, falls outside the scope of entities over which the Court can exercise jurisdiction. Consequently, the application to join KCB as a third party fails because the Court cannot issue enforceable orders against a party over whom it lacks jurisdiction. The Court emphasized that third party n…