L-R Presidents Yoweri Museveni of Uganda, Uhuru Kenyatta of Kenya and Paul Kagame of Rwanda.The three countries have held a series of meetings and passed decisions that excluded Tanzania and Burundi. This has been perceived in some quarters as an attempt by the so-called Coalition of the Willing to isolate the other two EAC member states.
A case filed against the so-called Coalition of the Willing took a new twist at the East African Court of Justice (EACJ) yesterday when three plaintiffs asked the court to withdraw their request for an order stopping meetings of the coalition.
Mr Ally Hatib Msangi, Mr David Makatha and Mr John Bwenda, all Tanzanians, told a panel of five judges through their advocate, Mr Jimmy Obeid, that they intended to withdraw their application to pave the way for the main case to be heard and determined.
In their main case, the plaintiffs ask the court to restrain the “coalition” partners, namely Kenya, Uganda and Rwanda, from meeting and implementing decisions reached during their previous meetings held in Entebbe, Mombasa and Kigali pending the court ruling.
They argue that the meetings had isolated Tanzania and Burundi, which were also partner states of the East African Community (EAC).
Yesterday, they admitted that their application for the injunction has been overtaken by the inclusion of Tanzania and Burundi in the fourth and fifth meetings of the coalition held on February 24, 2014 and May 2, 2014.
Clause 51 (b) of the 2013 EACJ Rules of Procedure gives them the opportunity to withdraw the application from the court, a move which was also unanimously supported by the defence councils.
Save for the main case, Rwanda had since never responded to the application before the court.
Led by Principal Justice Jean-Bosco Butasi, the panel of EACJ judges also comprises Deputy Principal Justice Isaac Lenaola, Justice Faustin Ntelilyayo, Justice Monica Megenyi, and Justice Fakih Jundu, who had replaces Justice (rtd) John Mkwawa.
The panel of judges granted the plaintiffs’ request, saying the hearing of the main case should begin on September 24.
Dr Antony Kafumbe is representing the EAC Secretary-General, who is the first respondent in the main case, whereas advocates Muthoni Kimani and Peter Ngumi are representing the second respondent, the Kenya Attorney General.
Advocates Elisha Bafirawala, Richard Adrole and Maureen Ijang’ are representing the third respondent, Uganda Attorney General while his Rwandan counterpart, who is the fourth respondent, is represented by advocate Malaala Aimable.
NMG
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