Published on 07/10/2024
The East African Court of Justice (EACJ) First Instance Division decided that the judgment in the Case challenging DRC’s admission to EAC, will be delivered based on written submissions.
The case, Reference No. 11 of 2020, filed by Ugandan national Adam Kyomuhendo is against the Attorneys General of the six (6) East African Community (EAC) partner states, Uganda, Kenya, Tanzania, Rwanda, Burundi, South Sudan and the Secretary General of the EAC.
The matter is challenging the Democratic Republic of Congo’s (DRC) eligibility to join the EAC, citing human rights violations. The Applicant Adam Kyomuhendo alleges that the DRC failed to meet the requirements under Articles 3(3)(a), (b), and (f) of the Treaty for the Establishment of the East African Community. Specifically, the DRC is accused of arbitrarily detaining several Ugandan citizens, including Samuel William Mugumya, Stephen Mugisha, Aggrey Kamukama, Joseph Kamugisha, Nathan Bright, and 35 others, in poor conditions across various detention facilities, including Ndolo Military Prison.
During the deliberations of the matter that was scheduled for hearing, Adam Kyomuhendo (the Applicant) requested more time to respond to written submissions made by some of the defendant governments which filed their responses out of time, leading to the Applicant’s failure to file his rejoinder on time before the session and asked court to dispense with the hearing by way of submission highlights and deliver the judgment based on the written submission on record.
Lawyers representing the governments, alongside EAC Counsel To the Community, Dr. Anthony Kafumbe, opposed the delay, arguing that the case has been pending since 2020 and urged the court to exercise its discretion to move the case forward. The case was file to the EACJ on 4th May 2020 before DRC joined EAC as the 7th Member of the Community in March 2022.
The court granted Kyomuhendo two weeks to file his rejoinders and ordered that the matter would be determined based on written submissions on record. A date for a judgment will be communicated to the parties.
The matter was brought before a bench of three judges of the First Instance Division who include, Hon. Justice Yohane Masara the Principal Judge, Hon. Richard Muhumuza and Hon. Justice Dr. Leonard Gacuko.