Uganda Case Law

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…

Source excerpt

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

Nzambimana Edouard Estate v Attorney General of the Republic of Burundi (Refererence No.23 of 2019)

Nzambimana Edouard Estate v Attorney General of the Republic of Burundi (Refererence No.23 of 2019) [2024] EACJ 16 (28 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Refererence No.23 of 2019

Judge

Gacuko J, Kasanda J, Masara PJ, Muhumuza J, Wejuli J

The EACJ held that the Nzambimana Edouard Estate had standing, lawfully owned the disputed Burundian land, and was entitled to compensation, damages, and costs.

• Right To Property
• Expropriation Without Compensation
• Locus Standi
• Rule Of Law
• Treaty Violation
• Right-to-property

Surl v Attorney General of the Republic of Burundi (Appeal 4 of 2022)

Surl v Attorney General of the Republic of Burundi (Appeal 4 of 2022) [2023] EACJ 1 (23 February 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 4 of 2022

Judge

Mjasiri VP, M'lnoti JA

The EACJ Appellate Division dismissed ISAT SURL’s appeal, upheld the Minister of Justice’s refusal of review, and awarded costs to Burundi.

• Res Judicata
• Burden Of Proof
• Land Title Cancellation
• Ministerial Review
• Rule Of Law
• Costs Award

Sebit and Another v Attorney General of the Republic of South Sedan (Application No.2 of 2021)

Sebit and Another v Attorney General of the Republic of South Sedan (Application No.2 of 2021) [2022] EACJ 23 (29 September 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.2 of 2021

Judge

Masara PJ, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The East African Court of Justice declined interim orders sought to restrain South Sudan Bar Association elections and management pending a main Reference.

• Interim Injunctions
• Due Process
• Fair Hearing
• Rule Of Law
• Judicial Review
• Interim-injunctions

Belghuith v Tunisian Republic (Aplication No. 002/2022)

Belghuith v Tunisian Republic (Aplication No. 002/2022) [2022] AfCHPR 67 (23 June 2022)

Court

African Court on Human and Peoples Rights

Case number

Aplication No. 002/2022

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court deferred a request for provisional measures because the relief sought was the same as the main application and would risk prejudging the merits.

• Judicial Independence
• Separation Of Powers
• Right To Participate In Government
• Rule Of Law
• Provisional Measures
• Self Determination

Rugo Farm Company v Attorney General of the Republic of Burundi

Rugo Farm Company v Attorney General of the Republic of Burundi (Reference No.14 of 2018) [2022] EACJ 3 (7 April 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.14 of 2018

Judge

Masara PJ, Muhumuza J, Nyawello J, Wejuli J

The East African Court of Justice has jurisdiction to determine the legality of Partner State actions alleged to infringe the Treaty, even if arising from domestic court decisions, provided the Reference challenges Treaty compliance. The Reference was filed within the prescribed two-month period after notification of the impugned decision. The contract for the sale of land by Ruzizi Company to the Applicant was legal, supported by government authorization and registration, and not contradicted by evidence from the Respondent. The Special Court of Lands and Other Assets violated Article 230(3)…

Source excerpt

• Property Rights
• Contract Validity
• Constitutional Supremacy
• Rule Of Law
• Jurisdiction Of Regional Courts
• Remedies And Compensation

Mbowe and Others v Attorney General of the United Republic of Tanzania

Mbowe and Others v Attorney General of the United Republic of Tanzania (Reference No.3 of 2019; Reference No.4 of 2019) [2022] EACJ 4 (25 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.3 of 2019 ; Reference No.4 of 2019

Judge

Masara PJ, Ngiye DPJ, Nyachae J, Nyawello J, Wejuli J

The Court found that several provisions of the Political Parties (Amendment) Act No.1 of 2019 failed the three-tier test established in Media Council of Tanzania, namely, they were vague, imprecise, lacked clarity, or imposed unjustifiable and disproportionate restrictions on fundamental rights and freedoms protected by the Treaty. Specifically, sections granting excessive discretionary powers to the Registrar, imposing discriminatory requirements for party registration, and failing to provide adequate safeguards or due process were held to violate Articles 6(d), 7(2), and 8(1)(c) of the Trea…

Source excerpt

• Treaty Obligations
• Freedom Of Association
• Democracy And Good Governance
• Rule Of Law
• Political Party Regulation
• Human Rights

Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021)

Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021) [2022] EACJ 18 (28 February 2022) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal No.4 of 2021

Judge

Kayobera P, Kiryabwire VP, Mjasiri JA, M'lnoti JA, Mugeni JA

The EACJ Appellate Division held that it does not exercise appellate jurisdiction over national courts, including the Supreme Court of Kenya, but is empowered to determine whether acts or omissions of Partner State organs, including judicial organs, violate the EAC Treaty. The Court found that the Reference was properly before it, as the impugned act was the Supreme Court's decision, and the Reference was filed within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court affirmed that access to justice and the rule of law are fundamental and operational principl…

Source excerpt

• Access To Justice
• Rule Of Law
• State Responsibility
• Judicial Review Of State Action
• Eac Treaty Interpretation
• Electoral Dispute Resolution

Karua v Attorney General of the Republic of Kenya

Karua v Attorney General of the Republic of Kenya (Reference No.20 of 2019) [2020] EACJ 8 (30 November 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.20 of 2019

Judge

Mugenyi PJ, Nyachae J, Nyawello J

The Court held that Kenya’s Supreme Court decision on a remitted election petition curtailed access to justice and breached the EAC Treaty’s rule of law principles.

• Access To Justice
• Fair Trial Rights
• Judicial Review
• Rule Of Law
• Constitutional Interpretation
• Access-to-justice

Malek v Minister of Justice of the Republic of South Sudan and Another

Malek v Minister of Justice of the Republic of South Sudan and Another (Reference No.9 of 2017) [2020] EACJ 21 (24 July 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.9 of 2017

Judge

Mugenyi PJ, Ntezilyayo J, Nyachae J

The Court found that the removal of the Applicant from the position of Justice of the Court of Appeal of South Sudan by Republican Decree No.100/2017 was unlawful because it did not comply with the mandatory constitutional and statutory procedures, specifically the requirement for a recommendation from the Judicial Service Commission. The President's unilateral action violated both the Transitional Constitution and the Judiciary Act of South Sudan. This breach of domestic law constituted a violation of the rule of law and good governance principles enshrined in Articles 6(d) and 7(2) of the T…

Source excerpt

• Judicial Independence
• Removal Of Judges
• Rule Of Law
• Treaty Obligations
• Good Governance