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IN THE EAST AFRICAN COURT OF JUSTICE APPELLATE DIVISION (Coram: Tunoi, VP; E. R. Kayitesi, and J. M. Ogoola, JJA) APPEAL N0. 2 OF 2012 (Arising out of Application No 4. of 2011 in Reference No. 4 of 2011) BETWEEN ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA ....APPELLANT ATTORNEY GENERAL OF THE REPUBLIC OF KENYA ........INTERESTED PARTY AND OMAR AWADH AND 6 OTHERS ...............................................RESPONDENTS (Appeal from the Ruling of the First Instance Division at Arusha by J. Busingye, PJ; J. J. Mkwawa, and J. B. Butasi, JJ, dated 1st December 2011, in an Application arising from Reference Nº. 4 of 2011).

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Factual Background 2
Appellant's Submissions4
Respondents’ Submissions6
Decision of the Court8
Unlawful Detention12
Detention as a Continuing Violation and the Principle of Legal Certainty in Light of the Meaning of Article 30 (2)13
Conclusion21

02/12 AG Uganda & Anor v Omar Awadh & 6 Others

EACJ Decision

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Type of Document

Judgement

Country

State Agent

Keywords

Arbitrary Arrest and Detention

Outcome: Decided on Merits

Year Decided: Apr 15, 2013

Rights Violated (EACJ Treaty Provisions)

None Indicated

Duration of Procedure: ~ Apr 15, 2013

Primary Documents

02_12 AG Uganda & anor v Omar Awadh & 6 Others.pdf
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Treaty for the Establishment of the East African Community

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;

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 35AAppeals1.An appeal from the judgment or any order of the First Instance Division of the Court shall lie to the Appellate Divisionon-(a)points of law;(b)grounds of lack of jurisdiction; or (c)procedural irregularity.

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Treaty for the Establishment of the East African Community

ARTICLE 23Role of the Court1.The Court shall be a judicial body which shall ensure the adherence to law in the interpretation and application of and compliance with this Treaty.2.The Court shall consist of a First Instance Division and an Appellate Division.3.The First Instance Division shall have jurisdiction to hear and determine, at first instance, subject to a right of appeal to the Appellate Division under Article 35A, any matter before the Court in accordance with this Treaty.

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The East African Court of Justice Rules of Procedure 2013

99. (1) The Appellate Division shall, within fourteen (14)days after the close of pleadings or such other period as the President may direct, hold a scheduling conference to ascertain:(a)points of agreement and disagreement; (b)whether legal argument shall be written or oral, or both; (c)the estimated length of the hearing; (d)any other matters as the Court may deem necessary. Presentation of arguments in writing(2)If the matter is to proceed to hearing, the Appellate Division shall fix the date for commencement of hearing. (3)In any case where all parties opt to present legal arguments in writing, the Court shall prescribe the time within which the parties shall file their respective written legal arguments and may fix the date on which the parties shall appear before a full Court to deal with any other matter the Court thinks necessary.

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 31Disputes between theCommunity and its EmployeesThe Court shall have jurisdiction to hear and determine disputes between the Community and its employees that arise out of the terms and conditions of employment of the employees of the Community or the application and interpretation of the staff rules and regulations and terms and conditions of service of the Community.

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Treaty for the Establishment of the East African Community

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.

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 27Jurisdiction of the Court1.The Court shall initially have jurisdiction over the interpretation and application of this Treaty:Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States. 302.The Court shall have such other original, appellate, human rights and other jurisdictionas will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction

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Treaty for the Establishment of the East African Community

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