Published on 28/02/2025
The case between Francois Xavier Mironko and the Government of Rwanda is set to conclude on Friday, February 28, 2025, with the East African Court of Justice (EACJ) scheduled to deliver its judgment at 9:30 AM at the High Court in Nyamirambo, Kigali.
The case centers around a longstanding contractual dispute involving Mr. Mironko and the Rwandan government, dating back to the early 1990s.
Mr. Mironko, representing two companies—International Industries SA and MIRONKO EURAFRICA SPRL—claims that between 1993 and 1994, the firms supplied military equipment to the Rwandan government under a confidential agreement.
He claims that the government owes him billions for execution of the contract.
Despite fulfilling the terms of the contract, Mr. Mironko argues that the state of Rwanda, under President Juvenal Habyarimana, failed to make the agreed payment.
After unsuccessful attempts to resolve the matter through local courts, including a rejected request for case review by the Rwandan Ombudsman in April 2018, Mr. Mironko filed a reference with the EACJ on June 4, 2018.
The case alleges violations of the East African Community (EAC) Treaty, specifically Articles 6(d) and 7(2), which emphasize the principles of good governance and the rule of law.
The Government of Rwanda, represented by the Attorney General, has disputed the admissibility of the case on several grounds.
The government contends that the cause of action arose in 1994, making the claim time-barred under Article 30(2) of the EAC Treaty, which mandates that cases be filed within two months of the alleged infringement.
Additionally, the government argues that the EACJ lacks appellate jurisdiction over national court decisions and that the actions in question do not constitute a breach of the EAC Treaty.
In April 2022, the EACJ’s First Instance Division dismissed Mr. Mironko’s claim, agreeing with the Rwandan government’s position that the case was time-barred and outside the court’s jurisdiction.
Mr. Mironko subsequently appealed this decision, and the Appellate Division has now heard the appeal.
A final judgment is expected to be delivered tomorrow Friday 28 February 2025, marking the latest chapter in this contentious legal battle.
The ruling will have significant implications for the interpretation of the EAC Treaty and could set a precedent for future disputes involving member states of the East African Community.
DETAILS: COURT CASE
Reference No. 11 of 2018 Mironko Francois Xavier vs The Attorney General of the Republic of Rwanda
Coming up for Judgment: 6th April 2022.
Reference filed: on 4th June 2018.
Articles: 6(a), 9, 23, 27 & 30 of the Treaty for the Establishment of the East African Community (EAC).
Rule: 63 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Alleged abuse of the rule of law.
It is the Applicant case that, the Respondent government in between 1993 and 1994, awarded a tender to two companies namely International Industries SA and MIRONKO EURAFRICA SPRL based in Belgium and Luxembourg respectively for supply of Military equipment’s. He alleges, the tender was awarded by a confidential agreement of which the Applicant represented both companies.
That, both companies fulfilled their obligations under the agreement but the Respondent government failed to fulfil its part by paying for the supplied equipment’s.
Applicant alleges to have unsuccessfully instituted cases in the Respondent State claiming for the debt despite tendering all proof and evidence of the debt. He thus filed this Reference seeking for orders that the Respondent government violated provisions of the EAC Treaty, committed injustice against the Applicant and seek for any other remedies the Court may think just and fit to grant.
The Respondent challenges the Reference for being time barred, this Court lacking appellate jurisdiction over national courts decisions, no course of action disclosed and pray for dismissal of the Reference with costs.
