سابق 9 / 9 التالي

CONCLUSION In view of the foregoing, we have no hesitation in concluding that the alleged Treaty violations complained of in the present Reference are continuous todate and cannot be subjected to mathematical computation of time. Accordingly, we find and hold that Reference No 4 of 2011 is properly before this Court. Consequently, the present objection is hereby disallowed. Costs shall be in the cause. It is so ordered. Dated at Arusha This 1st Day of December, 2011 ….…………………..…………….. JOHNSTON BUSINGYE PRINCIPAL JUDGE ….…………………………………. JOHN MKWAWA JUDGE ….…..……………………………. JEAN BOSCO BUTASI JUDGE 9

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Introduction2
Background3
Submission3
2nd Respondent’s Submissions 3
1st Respondent’s Submissions4
3rd Respondent’s Submissions5
Applicants’ Response 5
Determination of the Application6
Conclusion9

Omar Awadh Omar Vs AG Kenya

EACJ Decision

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Type of Document

Ruling

Keywords

الاعتقال والاحتجاز التعسفي

Outcome: Decided on Merits

Year Decided: 1 ديسمبر 2011

Rights Violated

Non Indicated

Duration of Procedure: ~ 1 ديسمبر 2011

المستندات الأولية

04_11 Omar Awadh Omar v AG Kenya & 2 Others.pdf
English
تحميل عرض

EACJ Treaty

ARTICLE 30Reference by Legal andNatural Persons1.Subject to theprovisions of Article 27 of this Treaty,any person who is resident in a Partner State may refer for determination by the Court, the legality of any Act,regulation, directive, decision or action of a Partner State or aninstitution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or isan infringement of the provisions of this Treaty.2.The proceedings provided for in this Article shall be instituted within two monthsof the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be

Treaty

1. The East African Court of Justice Rules of Procedure 2013

21. (1) Subject to sub-rule (4) of this Rule, all applicationsto the First Instance Division shall be by motion, which shall state the grounds of the application.(2) No motion shall be heard without notice to the parties affected by the application.Provided, however, that the First Instance Division, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable injustice, may hear the motion and make any ex parteorder upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Division deems just.Court vacationsHolidaysInterlocutory applications17 The East African Court of Justice Rules of Procedure 2013Service ofNotice ofMotionAffidavits in reply(3)Upon making an ex parteorder the First Instance Division shall set down the application for inter parteshearing within thirty (30) days of the ex parteorder. (4)A notice of motion shall be substantially in the ForthSchedule. (5)Every formal application to the First Instance Division shall be supported by one or more affidavits of the applicant or of some other person or persons having knowledge of the facts, in accordance with Form 3 of the Second Schedule. (6)An applicant may, with the leave of the First Instance Division or with the consent of the other party, lodge one or more supplementary affidavits. Application for such leave may be made informally. (7)The provisions of this rule shall not apply to—(a)applications made in the course of a hearing, which may be made informally; (b)applications made by consent of all parties, which may be made by letter.

Rules of Procedure

EACJ Treaty

Treaty

EACJ Treaty

Treaty

1. The East African Court of Justice Rules of Procedure 2013

1.(1) These Rules may be cited as “The East African Court of Justice Rules of Procedure 2013” and shall come into force on such date as the President may appoint by notice in the Gazette. (2)Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

4. A Division of the Court may, for sufficient reason,extend the time limited by these Rules or by any decision of itself for the doing of any act authorised or required by these Rules, whether before or after the expiration of such time and whether before or after the doing of the act, and any reference in these Rules to any such time shall beconstrued as a reference to such time as so extended.

Rules of Procedure

EACJ Treaty

Treaty

EACJ Treaty

Treaty

EACJ Treaty

Treaty

EACJ Treaty

Treaty

1. The East African Court of Justice Rules of Procedure 2013

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

Rules of Procedure

EACJ Treaty

ARTICLE 9Establishment of the Organs and Institutions of the Community1.There are hereby established as organs of the Community:(a)the Summit;(b)the Council;(c)the Co-ordination Committee;(d)Sectoral Committees;(e)the East AfricanCourt of Justice;(f)the East African Legislative Assembly;(g)the Secretariat; and(h)such other organs as may be established by the Summit.2.The institutions of the Community shall be such bodies, departments and services as may be established by the Summit.3.Upon the entry into force of this Treaty, the East African Development Bank established by the Treaty Amending and Re-enacting the Charter of the East African Development Bank, 1980 and the Lake Victoria Fisheries Organisation established by theConvention (Final Act) for the Establishment of the Lake Victoria Fisheries Organisation, 1994and surviving institutions of the former East African Community shall be deemed to be institutions of the Community and shall be designated and function assuch.4.The organs and institutions of the Community shall perform the functions, and act within the limits of the powers conferred upon them by or under this Treaty.5.In the appointment of staff and composition of the organs and institutions of the Community, gender balance shall be taken into account.

Treaty

EACJ Treaty

Treaty

Treaties and softlaw only14
- Rules of Procedure5
- Treaty9

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International cases/decisions
Municipal law
Municipal court decision
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Rights Not Violated
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Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
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