kyomuhendo v attorney general of the republic of uganda and others 2022 eacj 2 5 april 2022

kyomuhendo v attorney general of the republic of uganda and others 2022 eacj 2 5 april 2022

The Court has jurisdiction to interpret the Treaty regarding acts of Partner States or Community institutions, but DRC is not a member and not bound by the Treaty. The Applicant failed to demonstrate irreparable injury or that Respondents contravened the Treaty in the admission process. Interim orders are not warranted.

Citation
kyomuhendo v attorney general of the republic of uganda and others 2022 eacj 2 5 april 2022
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
5 April 2022
Procedural Posture
Application for Interim Orders / Ruling on Interim Application
Outcome
Application dismissed
Legal Topics
Jurisdiction, Interim Orders, Admission of Member States, Human Rights
Source Language
English
International Law Regional Integration Law Jurisdiction Interim Orders Admission of Member States Human Rights

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

Application for Interim Orders / Ruling on Interim Application

Legal Issues

  1. 1 Whether the Court has jurisdiction to grant interim orders restraining the Summit from considering DRC's application to join the EAC
  2. 2 Whether the Applicant has established a prima facie case for interim relief
  3. 3 Whether irreparable injury would result absent interim orders

Ratio Decidendi

The Court has jurisdiction to interpret the Treaty regarding acts of Partner States or Community institutions, but DRC is not a member and not bound by the Treaty. The Applicant failed to demonstrate irreparable injury or that Respondents contravened the Treaty in the admission process. Interim orders are not warranted.

Court Disposition

Application dismissed

Orders

  • Interim orders sought by the Applicant are declined.
  • Costs of the Application shall abide the outcome of the Reference.