4 September 2014

East Africa: EA Court Nods to Dar, Burundi 'Snub' Case Dropping

Arusha — THE East African Court of Justice (EACJ) sitting here has given a green light to the withdrawal of a case filed against Kenya, Rwanda and Uganda for snubbing fellow East African Member states of Tanzania and Burundi through the so-called 'Coalition of the Willing.

' EACJ's First Instance Division sessions resuming here allowed the withdrawal of the application against the Secretary General of the East African Community (EAC), the attorney generals of the three EAC Partner States, the republics of Kenya, Uganda and Rwanda over holding meetings that excluded the United Republic of Tanzania and Republic of Burundi.

The application seeks court orders to temporary prevent the EAC Secretary General (first respondent), the Attorney General of Kenya(second respondent), the Attorney General of Uganda (third respondent), as well as the Attorney General of Rwanda (fourth respondent), from holding meetings in exclusion of the United Republic Tanzania and the Republic of Burundi.

The move by Kenya, Uganda and Rwanda to develop their own cooperation outside the EAC one has caused massive uproar as the sidelined parties protested against the new development, which is threatening East African cooperation.

The applicants also wanted the court to slam an injunction onto the three states preventing the respondents from implementing resolutions arrived at their meetings held between June 24 and 25 in Entebbe, Uganda, August 28, 2013 in Mombasa, Kenya and October 28 in Kigali, Rwanda pending the hearing and determination of the main case. But recently, the same applicants made an oral request in court to withdraw their matter which the respondents agreed with.

With the consent of the parties the court allowed the withdrawal in accordance with Section 51(1) (b) of the EACJ Rules of Procedure. However, the court ordered that the costs of the application shall be determined by the main case.

The applicant was represented by Mr Jimmy Obeid while the first respondent was represented by Dr Anthony Kafumbe, second respondent by Mr Peter Ngumi and Ms Stella Muthoni, the third respondent was represented by Mr Elisha Bafirawara, Mr Richard Adrole and Morine Ijang.

The fourth respondent was represented by Mr Malala. They all appeared before a full bench of the EACJ First Instance Division at the court's chambers here.

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