Arusha. The East African Court of Justice (EACJ) has reiterated its call for financial autonomy. The Arusha-based judicial organ of the East African Community (EAC) insists that such autonomy would improve its performance.
“Operationalisation of financial autonomy would also boost the independence of the Court,” said the President of the Court, Justice Nestor Kayobera.
He appealed for support from the EAC partner states, as well as from other organs of the Community.
Justice Kayobera also pleaded for increased support to the Court on the issue of permanency for the judges.
He said cases filed before the Court have increased tremendously - so much so that it has caused an unprecedented backlog.
In a meeting with Dr Kevin Desai, the EAC Coordination Committee chairman, he insisted that delivery of justice cannot be compromised by backlog of cases.
He also emphasised the financial challenges plaguing the regional Court which is one of the key organs of the Community.
“The budget of the Court has to be increased to enable it to conduct its operations,” he explained, noting that the task should not be left in the hands of foreign development partners.
During the new financial year (2021/22), the Court has been allocated $3.7 million for its annual expenditure out of the $91.7 million budget of the entire EAC.
This is far below the $43.8 million given to the Secretariat, and $ 15.4 million for the East African Legislative Assembly (Eala).
The allocation ratio was almost the same during the past fiscal year (2020/21) during which the Court got $3.9 million out of the budget of $97.6 million.
The Principal Judge, Justice Yohane Masara, said the cases pending at the Court were more than the sessions held. The Court holds quarterly sessions for a month every quarter, he said - stressing the need for case hearings to take place outside Arusha as well.
Dr Desai, who is the principal secretary in Kenya’s ministry of EAC Affairs, promised challenges facing the Court would be addressed.
Calls for financial autonomy have been repeatedly made for several years by the EA Court as well as Eala, the legislative organ of the Community.
To ensure it is effected to the letter, there had been proposals for amendment of the Treaty for the Establishment of the EAC.
Until now most of the finances of the EAC and its organs and institutions are overseen by the Secretariat, a powerful executive organ of the Community.
It is at the Secretariat that funds from the partner states and the development partners are channelled to for disbursement to the organs and institutions.
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