Published on 16/11/2024
East African Court of Justice (EACJ) Appellate Division has adjourned the hearing of Appeal No. 4 of 2023, filed by the Centre for Food and Adequate Living Rights (CEFROHT) Limited and three others against the Attorney General of the Republic of Uganda and two additional respondents.
The appeal concerns the contested East African Crude Oil Pipeline (EACOP) project. The session, which was set for a hearing, was postponed due to the appellants’ failure to submit the required written arguments and transcripts from the First Instance Division (the Trial Court).
The appeal challenges the First Instance Division’s decision that dismissed the case, citing that it was filed beyond the two-month time limit set under Article 30(2) of the Treaty. The Appellate Division has given the appellants’ legal team two weeks to file the necessary documents for the case to proceed.
The matter was brought before a bench of the Appellate Division, composed of 5 Judges namely, Hon. Justice Nestor Kayobera (Judge President) Hon. Lady Justice Hon. Lady Justice Anita Mugeni (Vice President), Hon. Justice M’Inoti Kathurima, Hon. Justice Cheborion Barishaki and Hon. Justice Omar Othman Makungu.
Background of the Appeal
On December 13, 2023, four civil society organizations (CSOs) from Uganda, Kenya, and Tanzania filed an appeal at the EACJ’s Appellate Division. The appeal aimed to contest the dismissal of a prior case that sought both interim and permanent injunctions to halt the development of the EACOP project in Uganda and Tanzania. The First Instance Division of the EACJ had dismissed this case.
The CSOs sought these injunctions on the grounds that the EACOP project violates key regional and international agreements, potentially jeopardizing the social, environmental, and livelihood rights of millions of East Africans. The organizations also expressed concerns that the project would impair the region’s ability to address the climate crisis, given East Africa’s vulnerability to climate change.
The original case, Reference No. 39 of 2020, was filed in November 2020 by Africa Institute for Energy Governance (AFIEGO-Uganda), CEFROHT-Uganda, Natural Justice (NJ-Kenya), and Centre for Strategic Litigation (CSL-Tanzania). Following its dismissal in November 2023, the four organizations promptly filed an appeal in December 2023, naming the Attorney Generals of Uganda and Tanzania and the Secretary General of the East African Community (EAC) as respondents.
Representation in Court
The hearing was attended by an extensive delegation. Representing the Government of Uganda (1st Respondent) was the Solicitor General, Hon. Ouma Charles, accompanied by a legal team from the Attorney General’s Chambers. Counsel Mark Mulwambo, Principal State Attorney, led the legal team for the Government of Tanzania (2nd Respondent), while Dr. Anthony Kafumbe, Counsel to the Community, represented the EAC Secretary General (3rd Respondent). Advocate Justin Ssemuyaba and other lawyers appeared for the appellants.
Over 40 people from Uganda were present to observe the court proceedings.
