Published on 04/02/2025
President of the East African Court of Justice (EACJ), Hon. Justice Nestor Kayobera, accompanied by Hon. Justice Kathurima M’Inoti Judge EACJ – Appellate Division and Acting Registrar Her Worship Christine Mutimura, paid a courtesy visit to the Cabinet Secretary for East African Community, Arid and Semi-Arid Lands (ASALs) and Regional Development of the Republic of Kenya, Hon. Beatrice Askul Moe, who also serves as the Chairperson of the EAC Council of Ministers, at her office in Nairobi.
His Lordship congratulated the Honorable Askul on her recent appointment as the Cabinet Secretary for East African Community, Arid and Semi-Arid Lands (ASALs), and Regional Development of the Republic of Kenya as well as Chairperson of the EAC Council of Ministers. He also expressed his appreciation for her gracious hospitality, despite her demanding schedule.
Hon. Justice Kayobera briefed the Cabinet Secretary on the mandate of the East African Court of Justice within the framework of the East African Community (EAC) integration agenda. He highlighted the current composition of the Court, noting the absence of a Judge from the Republic of Kenya on the bench of the First Instance Division for two consecutive court sessions.
He emphasized the necessity for Kenya to appoint a Judge to the EACJ First Instance Division, as stipulated by the EAC Treaty, ideally at the next meeting of the Summit, to ensure that cases requiring a full bench can be adjudicated appropriately. Additionally, the Judge President informed the Honorable Cabinet Secretary that the First Instance Division of the EACJ is scheduled to resume its sessions in February 2025, albeit without a Kenyan judge.
Honorable Justice Nestor Kayobera also notified and formally invited the Cabinet Secretary to the 3rd Annual EACJ Judicial Conference which is scheduled to take place from the 18th – 19th February, 2025 in Kigali Rwanda.
He highlighted that the conference is designed to foster significant discussions and interactions among Judges, Judicial Officers, Attorneys General, Lawmakers, Civil Society Organizations, Academia, Private Sector, and other stakeholders. The objective specifically being to equip participants with the necessary knowledge to effectively address the diverse challenges encountered by those seeking justice across various issues.
He further informed the Cabinet Secretary about the Annual Rotational Session of the Court, which shall be held after the conference and extended his gratitude to the Council of Ministers for their endorsement.
Finally, the Judge President discussed with the Cabinet Secretary on the possibility of a meeting between the Members of the Council of Ministers and the Judges of the EACJ, whose the aim he stated would be to enhance the Council’s understanding of the Court’s mandate, the challenges that it faces and explore opportunities for the enhanced functioning of the Court.
On her part, Hon. Beatrice Askul thanked the Judge President and his team for the courtesy visit, stating that this had given the opportunity to learn briefly and first-hand on the role of the EACJ in the EAC integration agenda. She thanked the Judge President for his invitation and confirmed her participation at the 3rd Annual EACJ Judicial Conference. She congratulated the Court for its efforts at ensuring that the Conference and Annual Rotational Court Session are convened this financial year.
With regard to the appointment of the Judge from the Republic of Kenya to the 1st Instance Division of the EACJ, the Cabinet Secretary acknowledged the need to fast-track the appointment. However, she informed the Judge President that there was a pending matter before the Courts of Law on the appointment of a Judge to the EACJ and once the matter has been dispensed with, the Government will proceed to appoint a Judge.
In concluding The Cabinet Secretary also highlighted the importance of inter-organ collaboration particularly in addressing issues of the community and noted that an interactive session between the Judges of the EACJ and the Council is important, particularly as the Council plays its key role in framing the policy direction of the Community. She also raised concerns about challenges facing the Community and emphasized the importance of collaborative efforts to address these issues.
In concluding, Hon. Beatrice Askul assured the Court of the Republic of Kenya’s commitment to ensure that the EAC realizes the integration envisaged in the Treaty for the Establishment of the EAC.
