The EAC Secretary General Amb. Dr. Richard Sezibera on Friday asked the East African Court of Justice to dismiss with costs an application seeking an interim order to restrain the EAC Secretariat from executing a directive by the Summit of Heads of State to recommend a roadmap for the attainment of the East African Political Federation.
Appearing before the First Instance Division of the Arusha-based Court, Antony Kafumbe, counsel for the Respondent (EAC Secretary General) opposed the application, arguing that an injunction should not be granted because the Applicant, Mr. Timothy Alvin Kahoho, had yet to show a prima facie case with a probability of success and irreparable damage to him if the injunction were not granted.
The application Kahoho lodged challenges the Summit's authoring of instructions to the Secretariat, among which is one to propose an action plan on and a draft model of the structure of the East African Political Federation.
In Kahoho's view, these directives, made by the 13th Ordinary Summit held in Bujumbura in November, 2011, were an infringement of Article 11 (5) of the EAC Treaty, which provides that while the EAC's supreme Organ may delegate the exercise of any of its functions to one of its own, the Council of Ministers or to the Secretary General, there is no provision for the Summit to give directives to the Secretariat.
Kahoho argued that it is only the Council of Ministers and Partner States that can spearhead the process of establishment of the Political Federation and not the Secretariat as was directed by the 13th Summit, he further told Court, that his application is in the interest of all citizens of East Africa, who he asserted stand to benefit from adherence to Treaty provisions by the Summit, the Council and the Partner States.
He prayed that Court grants the orders sought with costs to him.
The EAC Secretariat's legal representative, however, countered that an injunction at this stage would not serve any purpose since the activities Kahoho wants frozen had already been funded and carried out.
The other Summit directives that Kahoho wants the EAC Secretariat blocked from executing, cover the conclusion of the protocol on immunities and privileges for the East African Community, its Organs and Institutions.
Others are producing a roadmap for establishment and strengthening institutions identified by a team of experts as critical for the functioning of the Customs Union, Common Market and Monetary Union and; formulating an action plan for the purpose of operationalising the other recommendations in the report of the same team of experts.
The Secretariat is expected to present for consideration a report on these and other matters by the 14th Ordinary Meeting of the Summit due in November this year.
Court will deliver its ruling on July, 19, 2012.