Member States’ bid to house EACJ hots up

MARC NKWAME in Arusha

THERE will soon be a tug of war among East African member states as each tries to pull the East African Court of Justice Seat onto its soil.

Last week, Kenya declared interest to become the permanent seat of the East Africa Court of Justice (EACJ) a regional legal entity which is currently being hosted in Tanzania at the EAC Headquarters in Arusha.

The country’s Attorney General, Mr Kihara Kariuki, said Kenya’s bid to host the permanent seat of EACJ was part of the integration process for the mutual benefit of all citizens and the development of the region.

Currently, only the President and Registrar of the East African Court of Justice are based in Arusha, while all the other judges are serving only on a needs basis. Now Kariuki feels that Nairobi, as the regional hub, would be ideal for the court.

Speaking when receiving the President of the East Africa Court of Justice, Dr Emmanuel Ugirashebuja, the Kenyan AG, Mr Kariuki,pointed out that the EACJ judges are also serving within their different member state jurisdictions, a move that is expensive and not sustainable.

Speaking to the ‘Daily News,’ the Court’s Communications Officer Ms Anna Nabaasa said the decision regarding where and when will the East African Court of Justice be based remains in the panel of the EAC Heads of State Summit.

The Court’s Registrar, Mr Yufnalis Okubo, admitted that, Kenya had made a bid to host the permanent seat for the EACJ sometime back, but as clarified, it is the six Heads of State who hold the final decision on the matter.

During his visit to Kenya recently, the Court’s President, Justice Ugirashebuja said time has come for the court to have a permanent home since all its operations are now fully on course. Justice Ugirashebuja was seeking Kenya’s support in amending two sections of the Treaty for the Establishment of the East African Community.

The treaties will enable the establishment of the permanent seat of the EACJ and securing the security of tenure for judges. The court has eleven Judges, five of the Appellate Division and six judges of the first instance.

Justice Ugirashebuja, a Rwandan citizen, is the fourth President of the Court. He was appointed Judge of Appeal by the Summit of the EAC Heads of State in November 2013 and the President the following year. The Treaty established Arusha as the temporary seat of the Court since 2001, until such a time when its functions would be operational.

It is proposed that all judges of the court serve on a permanent basis as a means of strengthening the institution. Kenya has two judges who are currently serving the court, Justice Aaron Ringera (Appellate Division) and Justice Isaac Lenaola (First instance).

Mr Charles Nyachae, whose name was recently forwarded by President Kenyatta for appointment, will take over from Justice Lenaola on 1 July.

A statement from the East African Community in Arusha reveals that a special summit of Attorney Generals and Ministers of Justice from the EAC member states will be held in June, where these matters will be deliberated.