EACJ neither favours nor fears anybody – Judge Kayobera

THE East African Court of Justice (EACJ) neither favours nor fears anyone in justice dispensation, the regional Court’s president has said.

Judge President Justice Nestor Kayobera maintained that the regional court was adhering to the doctrine of judicial independence which requires Judges to adjudicate without fear or favor, even in the face of a contrary view widely held by other parties.

“Allow me to emphasise that this Court does not fear or favour anyone and let me encourage other EAC organs to avoid unnecessary violations of the EAC Treaty,” insisted Judge President Kayobera as he hosted EALA new Speaker Joseph Ntakarutimana at his office yesterday.

The Burundi national who heads the regional judicial organ said his office was mandated with ensuring the adherence to the Treaty for the Establishment of the East African Community and advancing the EAC integration agenda.

The Judge President Kayobera brought to his compatriot’s attention a case of former EALA Speaker Margaret Zziwa that was filed at the EACJ challenging her removal from office of the Speaker.

“It was determined against the Secretary General of EAC as a violation of the Treaty and the Community paid a huge amount of money,” he detailed.

In its verdict, which was delivered by the then Judge President Emmanuel Ugirashebuja, the regional judicial organ ordered for Ms Zziwa to receive 1.4bn/- (586,262 US dollars) following her infamous removal from the seat.

Judge President Kayobera reminded the visiting EALA Speaker that access to EACJ doesn’t need exhaustion of local remedies in the partner states; litigants file their cases directly to the Court.

Similarly, he called upon the Speaker of the regional legislative arm to support the Court to follow up the process of assenting a Bill on EACJ Financial and Administrative Autonomy that was passed by EALA in 2019 and has never been assented to by the Partner States.

In his quick rejoinder, Mr Ntakarutimana commended EACJ’s work in ensuring the realisation of the integration process.

“We are together and we are here for a while and let us learn to work together because we need to salute ourselves for a good job well done after, call us where you need our support,” he said.

The EALA Speaker further indicated that there was a need for the public to understand the type of cases that are filed before the regional Court.

Mr Ntakarutimana, who was elected in December last year, pledged to follow up with the Ministers responsible for EAC Affairs on the process of assenting the EACJ Financial and Administrative Autonomy.

EACJ 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.

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