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8 Oct 2021

Administrative Law [2021] EACJ 8

Acuil v Attorney General of the Republic of South Sedan and Another

Acuil v Attorney General of the Republic of South Sedan and Another (Reference No.4 of 2018) [2021] EACJ 8 (8 October 2021) (First Instance Division)

Court: East African Court of Justice
Case number: Reference No.4 of 2018
Judge: Mugenyi PJ, Ngiye J, Nyachae J

The Court held that it lacked jurisdiction to entertain the Reference because the impugned acts occurred in 2014, prior to South Sudan's accession to the East African Community in April 2016. The principle of non-retroactivity of treaties precludes the application of the Treaty to acts or situations predating membership, and no contrary intention was established. Furthermore, the Reference was time barred under Article 30(2) of the Treaty, as it was filed more than two months after the acts complained of, and the Court has no power to extend the limitation period or recognize ongoing violatio…

Source excerpt

Jurisdiction Of Regional Courts
Non Retroactivity Of Treaties
Time Limitation
Rule Of Law Principles
Bar Association Governance

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27 Apr 2012

Public International Law [2012] EACJ 7

Mjawasi and Others v A.G. of Republic of Kenya (Appeal 4 of 2011)

Mjawasi and Others v A.G. of Republic of Kenya (Appeal 4 of 2011) [2012] EACJ 7 (27 April 2012) (Appellate Division)

Court: East African Court of Justice
Case number: Appeal 4 of 2011

The Appellate Division held that the East African Community Treaty of 2000 is not retroactive and cannot be applied to acts or facts that occurred before its entry into force. The court found no explicit or implicit intention in the Treaty or its context to apply retroactively to claims arising from the dissolution of the defunct EAC in 1977 or the Mediation Agreement of 1984. The principle of non-retroactivity, as codified in Article 28 of the Vienna Convention on the Law of Treaties, was deemed directly relevant. The court further held that non-retroactivity is a pure point of law intertwin…