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28 Nov 2024

Administrative Law [2024] EACJ 11

Mbuvi v Attorney General of Republic of Kenya (Application No.25 of 2022)

Mbuvi v Attorney General of Republic of Kenya (Application No.25 of 2022) [2024] EACJ 11 (28 November 2024) (First Instance Division)

Court: East African Court of Justice
Case number: Application No.25 of 2022
Judge: Gacuko J, Masara PJ, Muhumuza J, Nyawello DPJ, Wejuli J

The East African Court of Justice affirmed that while it lacks jurisdiction to conduct an appellate merit review of decisions of the Supreme Court of Kenya, it retains jurisdiction to determine whether actions of the Supreme Court or other state organs contravene the Treaty for the Establishment of the East African Community, specifically Articles 6 and 7. The Court applied the doctrine of separability, holding that it can adjudicate only those aspects of the Application that allege Treaty violations, while excluding any request for merit review or stay of execution of the Supreme Court's jud…

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Treaty Compliance
Judicial Review
Regional Court Jurisdiction
Political Rights
Rule Of Law
Separation Of Powers

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24 May 2018

Constitutional Law [2018] EACJ 46

East African Civil Society Organizations' Forum v Attorney General of Republic of Burundi and Others (Appeal 4 of 2016)

East African Civil Society Organizations' Forum v Attorney General of Republic of Burundi and Others (Appeal 4 of 2016) [2018] EACJ 46 (24 May 2018) (Appellate Division)

Court: East African Court of Justice
Case number: Appeal 4 of 2016
Judge: Ugirashebuja P

The Appellate Division held that the Trial Court erred in disavowing jurisdiction to determine whether the impugned decision of the Constitutional Court of Burundi violated the EAC Treaty. The EACJ's mandate includes interpreting the Treaty and assessing whether actions of Partner States, including judicial decisions, are consistent with Treaty obligations. This does not amount to exercising appellate jurisdiction over national courts, but rather involves determining international responsibility and making declarations as to Treaty compliance. The Appellate Division found that the Trial Court…