Reference No 2 of 2012,

 The Democratic Party ——– Applicant

 Versus

 1. The Attorney General of Uganda (Sued in representative capacity)- 1st Respondent

2. The Attorney General ofKenya                                                      – 2nd Respondent.

3. The Attorney General ofBurundi                                                    – 3rd Respondent.

4. The Attorney General ofRwanda                                                      – 4th Respondent.

5. The Secretary General East African Community.                             – 5th Respondent.

 The case filed by the Democratic Party through its Legal Adviser is for Declaratory Orders to all the respondent countries that non- deposit of a Declaration Infringes the Law as required under Article 5 of the African charter on Human and Peoples Rights and Art 34(6) of the Protocol of the Charter on Human and Peoples Rights for the establishment of the African Court on Human and Peoples Rights, and the Vienna Convention on the Law of treaties 1969.

 All the East African Countries Ratified the above Charter and Protocol but have not (The Respondents), Other than Tanzania, Deposited a Special Declaration submitting to the Competence of this Court to handle individual cases by Partner States Nationals and Rights NGOs with grievances to access this court as required by the above law.

 Without Depositing the Declaration aforesaid only African Governments as State Parties have the audience of this court to hear their grievances on human rights violations although it’s more unlikely that governments have grievances on rights violations, in fact they are the biggest violators of rights making it look like the poacher turned game keeper.

 It is for this reason that Democratic party Chief Legal Adviser Fred Denis Mukasa Mbidde of (Mbidde & Co Advocates) together with Justine Semuyaba of (Semuyaba, Yiga & Co Advocates) have jointly ,on behalf of the Party filed and will accordingly  urgue this case at the East African Court of Justice sitting at Arusha.

 This is going to be anEastAfricanLandmark case according to the Registry with a full BAR of East African Attorneys General sued in vicarious capacity.

 The above case will go along way to reestablishUgandaandEast Africaon the Course of Integration based on the Rule of Law and Constitutionalism. East African Governments according to Rule 30 of the Rules of Procedure for the East African Court of Justice have Each 45 days within which to file their responses and the Applicant will then have 45 days within which to file rejoinders for the case to be set down for hearing and consequent determination.

 By Mukasa Fred Mbidde

Chief Legal Adviser-DP

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The injunction is in line with the petition filed by Democratic Party legal adviser Fred Mukasa Mbidde who sought for the intervention of the regional court to determine the legality of the rules and procedures for election of such members in line with several articles of the East African Community treaty that have been continuously defied.

In a judgment delivered, the three judges who included the principal judge Johnston Busingye, deputy principal judge Stella Mary Arach Amoko and justice John Mkwawa concurred with the applicant Fred Mukasa Mbidde that the rules under which EALA members from Uganda are elected were contravening article 50 of the East African community treaty that provides for all parties represented in the national parliament to be represented in the assembly without basing on numerical strength of parties.

The judgment read by principal judge Johnston Busingye observed that the contravention of such rules did not only affect the representation of parties in the East African Legislative assembly but also put the integrity of the assembly in question.

The judgment now puts the election of Uganda representative to EALA at halt until the rules being challenged are amended and subject to approval by the East African court of justice.

The applicants’ counsel Justin Ssemuyaba asked court to take look at any amended rules to ascertain on their compliance with the treaty.

The order will not only affect the process of electing Uganda’s representatives to EALA, but also affect the activities of the East African Community that include budgetary issues as well as effecting administrative matters.

Ultimate Media

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