[2013] EACJ 7

[2013] EACJ 7

The Court found that Avocats Sans Frontiers demonstrated a clear interest in the subject matter of Reference No.11 of 2011, specifically in promoting and protecting human rights and the rights of lawyers in the East African region. The Applicant's stated intention to limit its intervention to matters of law and not to descend into the dispute between the parties satisfied the requirement of independence for amicus curiae. The Court exercised its discretion under Rule 36(4) of the Rules of Procedure, noting that the Applicant's intervention would assist the Court in interpreting the Treaty and advancing the rule of law, without causing prejudice to any party. The Court rejected the...

Citation
[2013] EACJ 7
Parties
Applicant: Avocats Sans Frontiers; Respondent: Mbugua Mureithi wa Nyambura; Respondent: Attorney General of Uganda; Respondent: Attorney General of the Republic of Kenya
Court
East African Court of Justice
Jurisdiction
Uganda
Judgment Date
28 August 2013
Case Number
Application 2 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Intervene as Amicus Curiae
Outcome
application allowed
Legal Topics
Amicus Curiae Intervention, Court Discretion, Statement of Interest Requirement, Independence of Amicus, Human Rights Advocacy
Source Language
English
Civil Procedure Constitutional Law Amicus Curiae Intervention Court Discretion Statement of Interest Requirement Independence of Amicus Human Rights Advocacy

Case Brief

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Parties

Avocats Sans Frontiers

Applicant

Mbugua Mureithi wa Nyambura

Respondent

Attorney General of Uganda

Respondent

Attorney General of the Republic of Kenya

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Intervene as Amicus Curiae

Legal Issues

  1. 1 Whether Avocats Sans Frontiers should be granted leave to intervene as amicus curiae in Reference No.11 of 2011.
  2. 2 Whether the Applicant's interest and contribution meet the requirements for amicus curiae status under Rule 36 of the Court's Rules of Procedure.
  3. 3 Whether the Applicant's intervention would prejudice any party or compromise the independence required of an amicus curiae.

Ratio Decidendi

The Court found that Avocats Sans Frontiers demonstrated a clear interest in the subject matter of Reference No.11 of 2011, specifically in promoting and protecting human rights and the rights of lawyers in the East African region. The Applicant's stated intention to limit its intervention to matters of law and not to descend into the dispute between the parties satisfied the requirement of independence for amicus curiae. The Court exercised its discretion under Rule 36(4) of the Rules of Procedure, noting that the Applicant's intervention would assist the Court in interpreting the Treaty and advancing the rule of law, without causing prejudice to any party. The Court rejected the...

Court Disposition

application allowed

Orders

  • Avocats Sans Frontiers is enjoined as amicus curiae in Reference No.11 of 2011.
  • There shall be no order as to costs.