Pan African Lawyers Union (PALU) v Attorney General of the Republic of South Sudan (Reference No.26 of 2020) [2025] EACJ 1 (25 February 2025) (First Instance Division)
The East African Court of Justice dismissed PALU’s reference against South Sudan as time-barred, holding that the two-month limit under Article 30(2) had expired.
Inclusive Development for Citizens and Another v Attorney General of the United Republic of Tanzania (Reference No.10 of 2020) [2024] EACJ 14 (29 November 2024) (First Instance Division)
The Court held that its jurisdiction is strictly circumscribed by Article 30(2) of the Treaty, which requires that proceedings be instituted within two months of the impugned action or the date it came to the complainant's knowledge. The Applicants' claims, though framed as arising from the District Commissioner's 2020 statement, were inextricably linked to the 2002 Regulations and 2017 pronouncements, which established the policy of expelling pregnant girls from school. The Court found that the District Commissioner's statement was merely a manifestation of this pre-existing policy and did n…
Independent Electoral Commission of Kenya v Kiwanuka and Another (Application No.47 of 2022) [2024] EACJ 13 (28 November 2024) (First Instance Division)
The Court held that intervention under Article 40 of the Treaty and Rule 59(4) of the Rules is discretionary and requires the Applicant to demonstrate a direct, immediate, and substantial interest in the proceedings that is not already represented by existing parties. The Independent Electoral and Boundaries Commission of Kenya's interest was found to be tangential and duplicative of the Attorney General's, as the 2nd Respondent already adequately represents the interests of Kenyan government institutions. The Applicant failed to show that its intervention would add unique insights or was ind…
Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.37 of 2022) [2024] EACJ 10 (26 November 2024) (First Instance Division)
The East African Court of Justice dismissed an application and underlying reference for lack of jurisdiction, holding that the African Charter and African Commission issues fell outside the Treaty.
Ngoge and Associates Advocates v Attorney General of the Republic of Kenya (Application No.36 of 2022) [2024] EACJ 9 (26 November 2024) (First Instance Division)
Muwonge v Akol & 10 Others (Election Petition 3 of 2022) [2024] UGHCCD 154 (11 October 2024)
Court
HC: Civil Division (Uganda)
Case number
Election Petition 3 of 2022
Judge
Musa Ssekaana, J
The High Court dismissed an election petition over Uganda’s EALA representatives, holding it was filed outside the mandatory 30-day statutory deadline.
The Court determined that the relevant date for the computation of the two-month limitation period under Article 30(2) of the EAC Treaty was the signing of the Memorandum of Understanding between the Republic of South Sudan and the Arab Republic of Egypt in July 2021, which constituted the decisive action complained of. The subsequent arrival of dredging equipment was merely a component of the implementation of that agreement and did not constitute a separate actionable event for limitation purposes. The Reference, having been filed on 10th June 2022, was therefore out of time. The Court reaf…
Magoti and Another v Attorney General of the United Republic of Tanzania (Reference No.2 of 2020) [2023] EACJ 14 (30 November 2023) (First Instance Division)
The East African Court of Justice dismissed a challenge to Tanzanian pre-trial detention laws, holding it lacked jurisdiction ratione temporis under Article 30(2) and non-retroactivity.
East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022) [2023] EACJ 10 (31 May 2023) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal 6 of 2022
Judge
Kayobera P, Mjasiri VP, M'lnoti JA, Mugeni JA
The Court held that the distinction between membership and quorum is fundamental: while Article 13 of the Treaty sets out the membership of the Council of Ministers, the quorum for Council meetings is determined by the Rules of Procedure made under Article 15(2) of the Treaty. The Rules require representation from all Partner States at ministerial level, not the attendance of all Attorneys General. The Court found no inconsistency between the Treaty and the Rules of Procedure regarding quorum. The amendment to Article 13 was intended to ensure Sectoral Councils were properly constituted, not…
Abba Limited v Attorney General of the Republic of Rwanda (Appeal 10 of 2022) [2023] EACJ 7 (24 May 2023) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal 10 of 2022
Judge
Kayobera P, Mjasiri VP, M'lnoti JA, Mugeni JA
The EACJ Appellate Division held that ABBA Limited’s Reference was time-barred because the cause of action arose from the 2015 revocation, not the Ombudsman’s later decision.
