Published on 02/10/2024
The East African Court of Justice (EACJ) First Instance Division heard a case challenging the Government of Uganda over alleged directives and appointments of government officials in response to the Covid-19 pandemic.
The case, Reference No. 8 of 2020, was filed by Male H. Mabirizi K. Kiwanuka against the Attorney General of the Republic of Uganda, Mabirizi claims that several actions, directives, and decisions by the President of Uganda, the Prime Minister, the Minister of Health, the Uganda People’s Defense Forces, the Uganda Police Force, Parliament, the Chief Justice, the Head of the High Court Civil Division, the Permanent Secretary/Secretary to the Judiciary, and the Resident District Commissioner, between 18th March 2020 and the time when the Covid-19 situation was deemed normal, were purportedly undertaken as measures to combat the pandemic.
He further contended that several appointments and approvals of government officials to enforce the covid pandemic measures during this period were unlawful and violated the Treaty for the Establishment of the East African Community, as well as the Protocol on the Establishment of the EAC Common Market under Article 7 and 54 (1) of the Protocol.
Mabirizi submitted that restrictions on movement of people and the closure of borders were breaches of the EAC Treaty and the Common Market Protocol. He requested the court to rule that the Government of Uganda violated community law and sought compensation of five hundred thousand dollars ($500,000) for damages.
The Government of Uganda, represented by a team of lawyers, opposed Mabirizi’s allegations, arguing that he failed to provide sufficient evidence to support his claims. Goerge Kallemera, representing the Attorney General of Uganda, told the court that during the Covid-19 outbreak, the government like many other nations implemented various measures to combat the pandemic.
He added that the President of Uganda had the executive authority to appoint the relevant officials to ensure that these measures were enforced to protect Ugandans’ lives. Kallemera urged the court to find that the case lacks merit and be dismissed with costs. Other Lawyers representing the AG Uganda in Court, were Ms. Emelda Adongo and Jackiline Amusugut.
The court will deliver a judgment at a later date.
The matter was brought before a bench of five judges from the First Instance Division who include, Hon. Justice Yohane Masara the Principal Judge, Hon. Justice Richard Wejuli Deputy Principal Judge, Hon. Justice Richard Muhumuza, Hon. Justice Dr. Leonard Gacuko and Hon. Justice Kayembe Ignace Rene Kasanda.
