Arusha, 21 June 2013: The Secretary General of the East African Community and the Attorney General of the Republic of Kenya have asked the East African Court of Justice’s Appellate Division to dismiss an Appeal by Okotch Mondoh seeking to overturn the decision of the First Instance Division in a case challenging the promulgation of the Kenyan Constitution in 2010.
The Appellant Mr. Okotch Mondoh, represented by Mrs. Judith Wambui, asked the appellate Court to determine whether the decision of the First Instance Division considered the facts presented before it, especially on a petition that was pending determination before the promulgation of the new Constitution. She emphasized the lower Court should have put this into consideration.
The First Instance Division in its decision stated it found there was no valid petition hence dismissing the matter in favor of the Kenyan Government.
Dr. Anthony Kafumbe representing the EAC Secretary General asked the appellate Court to uphold the decision of the First Instance Division arguing that its decision was consistent with Rule 68 (5) of the East African Court of Justice Rules of Procedure.
He added that the First Instance Division does not have the jurisdiction to review the judicial decisions in the Partner States, a position echoed by Kenya’s Attorney General who was represented by Mr, Emmanuel Bitta, Principal State Attorney General Kenya. The latter also argued the suit is not in the public interest and asked Court to dismiss the appeal with costs.
The Court will deliver its judgment on notice.
Justices Philip Tunoi, the EACJ Vice President, Laurent Nzosaba and James Ogoola, heard the Appeal.
Notes to Editors
Rule 68 (5) of the Rules of procedure of the East African Court of Justice states that, The judgment of the Court shall contain:
a) the date on which it is read,
b) the names of the judges participating in it
c) the names of the parties,
d) the names of the advocates and agents of the parties,
e) a concise statement of the facts,
f) the points of determination,
g) the decision arrived at,
h) the reasons for such decision,
i) the operative part of the judgment, including the decision as to costs.
About the EACJ
The East African Court of Justice (EACJ or the Court), is the judicial arm of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community.
Operationalized in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court while Partner States’ High Courts serve as EACJ sub-registries.
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