Category: Justice

{{The East African Court of Justice yesterday declined to stop the impeachment of the East African Legislative Assembly (Eala) Speaker, Ms Margaret Nantongo Zziwa.}}

The court ruled that the legislators’ move to throw her out of office did not infringe on the treaty that established the East African Community (EAC).

According to the court, the details filed were not good enough to stop the process. But Mbidde Foundation Limited of Uganda and Ms Zziwa can still seek an injunction, according to Principal Judge Jean-Bosco Butasi, if they can produce sufficient evidence to merit stopping the move against the Speaker.

Represented by Mr Fred Mukasa Mbidde and Jet Mwebaze, the applicants also sought an order stopping Eala from conducting any investigation into the matter pending the hearing and determination of the main case.

But the court yesterday rejected the applicants’ claims that presenting the petition to the Assembly constituted an infringement of the EAC Treaty. The Principal Judge said in the ruling at the EACJ’s new chambers: “Those Rules of Procedure were promulgated under Articles 49 (2) and 60 of the Treaty. No material was availed to this Court as would suggest that the Rules per se infringe Treaty provisions.”

He added: “At this stage, we find that the presentation of the petition to the House was in compliance with Rules duly promulgated under the EAC Treaty and, therefore, in compliance with the Treaty.”

Secondly, he said, the removal of the Speaker of the Assembly was a function of Eala as provided by Article 53 of the Treaty with the procedure for such removal detailed in Rule 9 of the Assembly’s Rules of Procedure.

He went on to say that Article 49 (2) (g) of the EAC Treaty does not mandate the regional Parliament to formulate its own rules of procedure as well as those which pertain to its committees, of which, the Committee on Legal, Rules and Privileges is one such committee.

Justice Butasi defended the Assembly’s Rules of Procedure, stressing that the perceived bias on the Committee as was neither frivolous nor vexatious, adding that the material produced in Court by the Respondents “does not prima facie demostrate an act of Treaty infringement such as would invoke the provisions of Article 30 (1) of the Treaty.

The Applicants had argued that if the interim order to stop the impeachment of the Speaker was not granted, she and Mbidde Foundation Limited would suffer “irreparable damages which will not be compensated.”

They also added that the political career of Ms Zziwa and the smooth running of Eala would be affected. They submitted that there was a prima facie case to be determined by the Court and asked the EACJ to grant the order sought with costs.

But the Court said it was not satisfied that Mbidde Foundation demostrated any injury it is likely to suffer, referring to an affidavit of one Moses Kyeyune Mukasa to the effect that the organisation wanted to protect Uganda’s rotational interest in the office of the Speaker as well as the rights of the incumbent Speaker.

“But this does not provide material that demonstrated the injury that party is likely to suffer if the injunction is refused,” the ruling stressed.

NMG

{{A self-proclaimed witchdoctor from Tanzania and his accomplice will serve three years in jail for defrauding a Nairobi resident of Sh9 million with the promise of riches.}}

Amos Chipeta and Peter Mwami will be repatriated back to their country after completing their sentences, for lying that they would multiply their client’s money.

Senior Principal Magistrate Lucy Mbugua handed them the jail term after they were found guilty of defrauding Catherine Njeri of the colossal sum of money.

The prosecutor informed the court that Chipeta and Mwami, between August and December 2012, obtained Sh9 million from Njeri at their premises along Juja Road by saying that the money would multiply to Sh50 million after three months and quadruple in six months.

The witchdoctors also promised Njeri that they would use magic powers to enable her become rich. The court heard that after handing over the cash to the witchdoctors, they gave her a box, which she was instructed not to open before three months were over.

When the period ended, Njeri opened the box only to find it stuffed with pieces of papers rather than the cash promised by the witchdoctor.

{{Â Tanzania national Amos Chipeta (left) and Peter Mwami at the Milimani Law Courts
}}

{{A Burundi national has sued his government before the East African Court of Justice (EACJ) over land infringement.}}

Mr Masenge Venant is seeking declarations from the court that the acquiring and using of land property in Kizina by the Burundi government was an infringement of Article 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community.

The applicant also wants the court to declare that failure by Burundi’s ministry of Foreign Affairs to demolish the buildings and stop construction on the land was unlawful and a violation of the EAC Treaty.

Mr Ncutiyu Muheto, a lawyer for the applicant submitted that the court has jurisdiction to entertain the matter under Article 27 of the Treaty.

He also said the applicant has the full right to enjoy his property that has been acquired by the State and, therefore, asked the court to order the government to demolish the buildings on his property.

He further submitted that although there was a similar case still pending in the National Court in Burundi (Administrative Court), to bring the matter to EACJ did not require exhausting of local remedies according to Article 30 of the Treaty as a natural person. He, therefore, asked the court to grant the declarations sought.

Mr Elisha Mwansasu, the senior state attorney representing Burundi submitted to court that the declarations being sought by the applicant were not true because the land property belongs to the government and it is using it to construct schools as well as a national centre for agriculture research.

He also argued that Mr. Masenge alleged land ownership is illegal.

The Court will deliver its judgment on notice .Earlier the Court heard an application by the Applicant seeking an injunction to restrain the Government of Burundi from constructing on the land pending the final judgment and the ruling will be delivered on June 19, 2014.