Case summary on cost in a withdrawn Economic Partnership Agreement (EPA) case

The hearing on cost in Reference No.8 of 2016 Castro Pius Shirima v The Attorney General of the Republic of Burundi & 6 Others will be tomorrow Wednesday 20th March 2019 from 9:30 am.

The Applicant sought for Court orders to stop the remaining Partner States of the East African Community (EAC) – Tanzania, Burundi, Uganda and South Sudan from signing the EPA for reasons that, the Agreement poses many risks to the region.

By the time the case was filed, Kenya and Rwanda had signed the Agreement with the European Union.

It was the Applicants case inter alia that, the signing of the EPA by Kenya and Rwanda violated the letters, spirit and/or the objectives, operational principles of the Treaty for the Establishment of the EAC.

Further that, the ratification of the EPA by Kenya is against the principle of mutual trust and sovereign equality, and it constitutes a violation of the provisions of EAC Treaty.

That, the signing of the EPA by the EAC constitutes a violation of the letters, spirits, objectives and operational principles and functions of the EAC Treaty. Further that, the whole process of negotiation of the EPA has never been participatory hence constituted a violation of the provisions of the EAC Treaty.

Before the Reference was heard the Applicant filed an Application seeking for an injunction to stop the EAC Partner States which had not signed the EPA Agreement not to sign the same and those who had signed, to stop them from carrying out any further procedures and processes.

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Representatives of the Parties

Applicant: Mr Moto Matiko Mabange

1st Respondent: Mr Nestor Kayobera

2nd Respondent: Mr Kepha Onyiso & Mr Maurice Ogosso

3rd Respondent: Mr Nicholas Ntarugera

4th Respondent: Absent

5th Respondent: Mr Mark Mulwambo & Mr David Kakwaya

6th Respondent: Mr Elisha Bafirawala, Mr Gerald Batanda & Ms Sylvia Cheptoris

7th Respondent: Mr Stephen Agaba

About the Court
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established 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 until the Summit determines its permanent seat. The Court has sub-registries in each of the Partner States, save for South Sudan.

This Case Summary is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on http://www.eacj.org

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For more information please contact:
Yufnalis Okubo,
Registrar,
East African Court of Justice
Arusha, Tanzania
Tel: 255-27-2162149
Email okubo@eachq.org

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