JUDGMENT OF THE COURT
A. INTRODUCTION
1. This Reference was filed on 30th July, 2013 by the above named
Applicant and was brought under Articles 6(d),7(2), 27(1), 30(1) of the
Treaty for the Establishment of the East African Community (”the
Treaty”) as well as Rule 24 of the East African Court of Justice Rules of
Procedure . Certain orders and declarations are sought in the Reference
which we shall reproduce later in this Judgment.
2. The Applicant describes itself as a legal person under Burundian Law
registered by an ordinance dated 8th July, 2013 although its Articles of
Association were adopted on 3rd October, 2009.
Amongst its stated
objectives are the encouragement of the media to defend freedom of the
press and social justice as well as freedom of expression.
3. The Applicant’s address is Boulevard du 28 Novembre, Robert 1, Avenue
de Mars, B. P. 6719, Bujumbura, Burundi and at the time of hearing was
represented by Mr. Donald Omondi Deya, Advocate of No.3 Jandu Road,
Corridor Area, P.O. Box 6065, Arusha, Tanzania.
4. The Respondent is the Attorney General of the Republic of Burundi sued
in his capacity as such and also as Minister for Justice and Holder of the
Seal and his address is P.0 Box 1880 Bujumbura, Burundi. Mr. Neston
Kayobera, Director of Judicial Organization in the Respondent’s office, at
all times during the proceedings, appeared on his behalf.
5. By order of this Court issued on 15th August, 2014 in EACJ
Application No.2 of 2014, nine non-governmental organizations were
joined as Amici curiae. They are Forum pour le Reinforcement de la
Societe Civile, the International Press Institute, Maison Pour de la
Presse du Burundi, Forum la conscience et le Developement, PEN
Kenya Centre, Pan African Lawyers Union, PEN International
Reference No. 5 of 2013
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