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The East African Court of Justice dismissed a reference over the Kibiro geothermal project because the supporting affidavit was defective and the filing was incompetent.
The Court held it has jurisdiction to entertain the Reference as allegations of Treaty infringement were raised, and exhaustion of local remedies is not required. However, the Applicant failed to demonstrate irreparable harm that could not be compensated by damages, and sought to stay non-existent orders (taxation of costs yet to be filed), amounting to an abuse of process. Therefore, the application for interim orders was dismissed.
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The EACJ held it had jurisdiction, found the land sale to Rugo Farm lawful, and ruled that Burundi’s Special Court breached the Treaty by ignoring constitutional procedure.
The Reference was filed more than two months after the Applicant became aware of the decision complained of, contrary to Article 30(2) of the Treaty. The EACJ has no jurisdiction to extend this limitation period, and the Reference is therefore time-barred. The Court also confirmed that exhaustion of local remedies is not required under Article 30(1), but this does not override the strict limitation period.
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The Appellate Division found that while the Trial Court erred in its interpretation of 'competent jurisdiction' under Article 30(1) of the Burundian Decree, the Minister in Charge of Interior nonetheless had the legal competence under Article 30(2) and 36 to ban the appellants as a safeguard measure. The appellants failed to rebut the evidence of breach of public order, and no procedural irregularity or denial of due process was established. The appeal was dismissed on all grounds.
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The EACJ has jurisdiction to determine whether Partner State actions, including judicial decisions, violate the Treaty. The applicant failed to provide fully conclusive evidence of a clear and notorious injustice by the Rwandan courts or a violation of Article 6(d) of the Treaty. The dismissal and judicial process complied with Rwandan law and the rule of law principle under the Treaty.
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The EACJ granted interim orders preserving Francis Ngaruko’s possession of disputed land in Burundi pending determination of the substantive Reference.
The EACJ declined interim orders sought by five Burundi civil society groups, finding no proven irreparable injury or inadequacy of damages.
The EACJ held it could only interpret the Treaty, not nullify national decisions. It found one challenge time-barred and rejected the rest for lack of proof.
The EACJ dismissed an application for interim orders over Burundi’s 2015 election dispute, holding it lacked jurisdiction to review national constitutional questions.
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