National East African Court of Justice underutilised

He said that Uganda is one of the member States that have delayed the protocol for extension of the Court’s jurisdiction because it delayed to send its comment.

But he also praised Uganda as the only country in the EAC that has attempted to include a clause in an agreement with Rift Valley Railways that they parties would submit to the EA Court in case a dispute arises. According to him, it does not have to be State parties to refer disputes for arbitration, but individuals and other legal entities also can.

He said that the court will open sub-registries in each of the member States to save people from having to travel to Arusha to place a case. The registry in Kampala will be hosted at the Supreme Court and will be fully operational by January next year.

However, Ruhangisa said; of all the Community member States, Uganda and Kenya seem to be utilizing the Court most while the others are reluctant... “We are seeing the EACJ becoming a Uganda-Kenya affair because they provide the bulk of cases the Court has.

The Justice Harold R. Nsekela, Judge President of EACJ said that national courts seem to be enjoying uniform jurisdiction with the EACJ which he said is undermining it because cases which it alone should handle are handled by municipal courts. He cited matters like those concerning customs union and the common market.

“These seem to oust the Court. Are the leaders uncomfortable with the Court? This is not conducive to the integration agenda because it undermines the court and regional uniform jurisprudence,” he said. 

Source New Vision