Tanzania Case Law

legal and human rights centre and another v attorney general of the united republic of tanzania reference no192019 2024 eacj 5 27 march 2024

Court

EACJ

The Court found that the impugned Act passed the three-part test: the limitations were prescribed by law and clear, the objectives were pressing and substantial, and the measures were proportionate to the objectives. The Applicants failed to prove that the Act violated the Treaty or Protocol. Therefore, the challenged provisions do not contravene the cited Treaty or Protocol articles.

Source excerpt

• Validity of national legislation
• Public participation
• Rule of law
• Good governance
• Human rights
• Freedom of association

Read case analysis

ololosokwan village council and others v attorney general of the united republic of tanzania reference 10 of 2017 2022 eacj 25 30 september 2022

Court

EACJ

The EACJ held it had jurisdiction over the reference but dismissed the village councils’ claim for lack of proof that the evictions occurred outside Serengeti National Park.

• Jurisdiction
• Exhaustion of local remedies
• Eviction
• Land rights
• Human rights
• East african community treaty

Read case analysis

dabule and others v attorney general of the republic of uganda reference 5 of 2016 2022 eacj 14 21 june 2022

Court

EACJ

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty, depriving the Court of jurisdiction to entertain the matter.

Source excerpt

• Time limitation
• Jurisdiction
• Rule of law
• Property rights
• Human rights
• East african community treaty

Read case analysis

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

Court

EACJ

The EACJ declined interim orders sought to stop consideration of DRC’s EAC membership bid, holding that no irreparable injury was shown and dismissing the application.

• Jurisdiction
• Interim orders
• Admission of member states
• Human rights
• Interim-orders
• Eacj-jurisdiction

Read case analysis

jebra kambole vs attorney general of the united republic of tanzania 2019 tzhc 6 18 july 2019

Court

TZHC

The constitutionality of section 197 of the Penal Code, including its mandatory imposition of the death penalty for murder, has already been determined by the Court of Appeal in Mbushuu's case and reaffirmed in subsequent cases. No new material or change of circumstances is pleaded. The petition is therefore res judicata and cannot be reheard.

Source excerpt

• Death penalty
• Mandatory sentencing
• Fair trial
• Human rights
• Res judicata

Read case analysis

20171214 TZHC Arusha

Court

TZHC

The DPP's certificate met the statutory requirements, and the law does not require the DPP to provide reasons; therefore, the court is bound to deny bail and dismiss the application.

Source excerpt

• Bail
• Economic and organized crimes
• Dpp certificate
• Presumption of innocence
• Human rights

Read case analysis

gozbert henerico vs republic 2016 tzca 659 26 february 2016

Court

TZCA

Dissenting opinion in a criminal appeal affirming guilt but rejecting the death penalty as unconstitutional and proposing life imprisonment instead.

• Death penalty
• Right to life
• Criminal sentencing
• Human rights
• Death-penalty
• Right-to-life

Read case analysis

possi and another v human rights awareness and promotion forum and another 2015 eacj 113 25 november 2015

Court

EACJ

The East African Court of Justice rejected an application by Dr. Ally Possi to join as amicus curiae in a treaty reference, finding no sufficient interest or relevant expertise.

• Amicus curiae
• Court jurisdiction
• Human rights
• Interpretation of treaty
• Amicus-curiae
• Court-jurisdiction

Read case analysis

ochieng and anor v ag of uganda reference 11 of 2013 2015 eacj 39 7 august 2015

Court

EACJ

The Applicants failed to prove that the President of Uganda refused to appoint judges as prescribed by law or that such refusal occurred. There was no evidence of a Parliamentary Resolution increasing the number of High Court judges to 82, and the ongoing appointment process did not violate the principles of rule of law or good governance under Articles 6(d) and 7(2) of the Treaty. The Court found no breach of the Treaty and dismissed the Reference.

Source excerpt

• Judicial appointments
• Separation of powers
• Rule of law
• Good governance
• Treaty interpretation
• Human rights

Read case analysis

attorney general of republic of kenya v independent medical legal unit appeal no 1 of 2011 2012 eacj 4 15 march 2012

Court

EACJ

The Reference was time-barred as it was filed more than two months after the claimant became aware of the alleged violations, and the Court has no power under the Treaty to extend the limitation period.

Source excerpt

• Jurisdiction
• Limitation of actions
• Human rights
• Interpretation of treaty

Read case analysis