kyomuhendo v attorney general of republic of uganda and others reference no 11 of 2020 2024 eacj 15 29 november 2024

kyomuhendo v attorney general of republic of uganda and others reference no 11 of 2020 2024 eacj 15 29 november 2024

The Reference is moot as the DRC has already been admitted as a Partner State. The Court lacks jurisdiction over alleged violations committed by DRC before it became a Partner State. No cause of action is disclosed against the Respondents. Reliefs sought are not tenable.

Citation
kyomuhendo v attorney general of republic of uganda and others reference no 11 of 2020 2024 eacj 15 29 november 2024
Parties
Applicant: Adam Kyomuhendo; 1st Respondent: Attorney General of the Republic of Uganda; 2nd Respondent: Attorney General of the Republic of Kenya; 3rd Respondent: Attorney General of the United Republic of Tanzania; 4th Respondent: Attorney General of the Republic of Rwanda; 5th Respondent: Attorney General of the Republic of Burundi; 6th Respondent: Attorney General of the Republic of South Sudan; 7th Respondent: Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
29 November 2024
Procedural Posture
Reference / Final Judgment
Outcome
Reference dismissed
Legal Topics
Jurisdiction, Admission of Partner States, Human Rights Violations, Treaty Interpretation, Mootness
Source Language
English
International Law Regional Integration Law Human Rights Law Jurisdiction Admission of Partner States Human Rights Violations Treaty Interpretation Mootness

Case Brief

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Parties

Adam Kyomuhendo

Applicant

Attorney General of the Republic of Uganda

1st Respondent

Attorney General of the Republic of Kenya

2nd Respondent

Attorney General of the United Republic of Tanzania

3rd Respondent

Attorney General of the Republic of Rwanda

4th Respondent

Attorney General of the Republic of Burundi

5th Respondent

Attorney General of the Republic of South Sudan

6th Respondent

Secretary General of the East African Community

7th Respondent

Procedural Posture

Reference / Final Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to entertain the matter
  2. 2 Whether the Reference is overtaken by events and moot
  3. 3 Whether the Reference discloses any cause of action against the Respondents

Ratio Decidendi

The Reference is moot as the DRC has already been admitted as a Partner State. The Court lacks jurisdiction over alleged violations committed by DRC before it became a Partner State. No cause of action is disclosed against the Respondents. Reliefs sought are not tenable.

Court Disposition

Reference dismissed

Orders

  • Reference dismissed with costs
  • No reliefs granted to Applicant