Attorney General of the Republic of Uganda v Kyahurwenda
Attorney General of the Republic of Uganda v Kyahurwenda [2015] EACJ 111 (31 July 2015) (Appellate Division)
The Court held that Article 34 of the EAC Treaty confers exclusive jurisdiction to the East African Court of Justice for interpretation of the Treaty and invalidation of Community Acts. National courts and tribunals are empowered to entertain matters involving Treaty violations and apply Treaty provisions, but must refer interpretative questions to the EACJ when necessary for judgment. Articles 6, 7, and 8 of the Treaty are justiciable before both the EACJ and national courts, conferring legal authority to entertain allegations of their violation and award remedies, including compensation, wh…
Source excerpt
- Treaty Interpretation
- Jurisdiction Of National Courts
- Preliminary Reference Mechanism
- Justiciability Of Treaty Provisions
- Award Of Compensation
- Binding Effect Of Preliminary Rulings