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E.A Live News

EAC Tripartite Court Battle Kicks Off

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rx http://denafilmax.com/wp-content/plugins/woocommerce/includes/abstracts/abstract-wc-rest-posts-controller.php geneva; font-size: small; line-height: 200%;”>The petition was tendered in court on Monday by Ally Hatibu Msanga, visit this David Geoffrey Makatha and John Adam Bwenda, order all of Arusha, Tanzania.


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The Applicants asked the Court to restrain the Respondents from consummating resolutions arrived at in their meetings of June 24-25 in Entebbe Uganda, August 28 in Mombasa, Kenya and October 28 in Kigali, Rwanda, pending the hearing and determination of the Application of inter parties.


The tripartite summit is an initiative bringing together the four Countries to fast track regional development through infrastructure, trade and political and economic integration.


At the inaugural Tripartite Summit held in Entebbe in June this year, leaders of Uganda, Kenya and Rwanda spearhead different components of joint projects.


Uganda committed to lead the railway development and political federation sector; Rwanda on customs, single tourist visa and East African Community e-identity card; and Kenya on the implementation of the oil pipeline and electricity generation.


The follow-up summit held in Mombasa saw the heads of state participate in the commissioning of Berth 19, which will increase capacity of the Kenyan port to serve the entire region.


At the Kigali summit the leaders welcomed South Sudan to the initiative, launch the Single Customs Territory and review the progress of infrastructure projects led by each country.


President Kagame welcomed his regional counterparts, Museveni, Uhuru Kenyatta and Salva Kiir for the 3rd Tripartite Infrastructure Summit on 28 October 2013.


The petition came at a time of heightened tensions in the region, with Tanzania accusing her neighbours of perpetuating an isolationist policy.


Uganda, Rwanda and Kenya maintain the initiatives are aimed at fixing the infrastructural bottlenecks hurting the economies across the northern corridor.


Decision


Court on Tuesday found that the Applicants had provided insufficient material for the Court to make a decision and therefore adjourned the matter to be heard in February 2014 after filing more documents and serving all the Respondents in the matter and ready for the inter-parties hearing.


Court also told the Applicant to file all the necessary documents in English which is the official language of the Community since all documents in support of the matter were in the Kiswahili language and had not been translated in accordance with Article 137 of the EAC Treaty.

Reliefs

The Reference which the application is filed, pending hearing and determination is seeking several reliefs from the Court.


It wants the Court to declare that the Secretary General (1st Respondent) acted irresponsibly and that the acts of the Kenya, Uganda and Rwanda are in contravention of the Treaty for the establishment of the East African Community.


The petitioners also requested for an order for annulment of resolutions and communiqués arrived and made by the three Countries Kenya, Uganda and Rwanda during the meetings mentioned earlier.


They further asked Court to make permanent and perpetual restraint orders to the three Countries from continuing with breaches complained of.


The Court composed of Hon. Justices, Jean Bosco Butasi, Principal Judge Ms. Stella Arach Amoko, Deputy Principal Judge and Mr. Isaac Lenaola Judge will schedule the hearing on notice in February next year.


Only two Applicants Mr. Ally Hatibu Msanga, and Mr. John Adam Bwenda were present in Court.

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