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Upon careful consideration of this point of objection, it is our considered view, that the matters complained of are failures in a whole continuous chain of events from when the alleged violations started until the Claimant decided that the Republic of Kenya had failed to provide any remedy of the alleged violations. We find that such action or omission of a Partner State cannot be limited by mathematical computation of time.” 28. We adopt the same reasoning and agree with the Applicant that where issues in contest are criminal in nature and the action complained of is continuous (such as detention), it would be against the principles known to the rule of Law to dismiss the complaint on the basis of strict mathematical computation of time. We must also add that it is patently clear to us that the Applicant only filed this Reference when she realized that the Republic of Rwanda had failed or refused to provide any remedy for the alleged violation and she cannot now be penalized on the basis of the inaction of a Partner State. 29. The Reference, in our humble view, was within time and we shall say something about the period starting 20th August 2010 and ending on 28th January 2011, later in this Judgment. (C) WHETHER THE APPLICANT SHOULD HAVE EXHAUSTED LOCAL REMEDIES BEFORE FILING THE REFERENCE REFERENCE NO.8 OF 2010 Page 20

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Introduction2
Applicant's Case4
1st Respondent's Case7
2nd Respondent's Case9
Issues for Determination11
Whether the East African Court of Justice has Jurisdiction to Entertain the Reference Herein12
Whether it was Permissible to File the Application out of Time18
Whether the Applicant Should Have Exhausted Local Remedies Before Filing the Reference20
Whether the 1st Respondent is in Breach of the Treaty by the Failure to Investigate the Alleged Breaches by the 2nd Respondent22
Whether the 2nd Respondent's Arrest and Detention of Lieutenant Colonel Ngabo was in Violation of the law of Rwanda23
Costs4
Conclusion31

08/10 Plaxeda Rugumba v Secretary General of the East African Community & anor

EACJ Decision

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Type of Document

Judgement

Country

EAC / EAC Organ

Keywords

Arbitrary Arrest and Detention

Outcome: Decided on Merits

Year Decided: Dec 1, 2011

Duration of Procedure: ~ Dec 1, 2011

Primary Documents

08_10 Plaxeda Rugumba v Secretary General of the East African Community & anor.pdf
English
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Treaty for the Establishment of the East African Community

ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.

Treaty

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;3.The Court shall have no jurisdiction under this Article where an Act, regulation, directive, decision or action has been reserved under this Treaty to an institution of a Partner State

Treaty

The East African Court of Justice Rules of Procedure 2013

24. (1) A reference by a Partner State, the Secretary GeneralReferencesor any person under Articles 28, 29, 30 respectively of the Treatyshall be instituted by lodging in the Court a statement of reference.(2) A statement of reference under sub-rule (1) shallstate—(a)the name, designation, address and where applicable residence of the applicant; (b)the name, designation, address and where applicable residence of the respondent; (c)the subject-of the reference and a summary of the points of law on which the application is based; (d)where appropriate, the nature of any evidence offered in support; (e)the relief sought by the applicant. (3)Where the reference seeks the annulment of an Act, regulation, directive, decision or action, the statement of reference shall be accompanied by documentary evidence of the same. (4)Where the reference is made by a body corporate the statement of reference shall be accompanied by documentary evidence of the existence in law of that body corporate. (5)The Applicant shall serve on every respondent named in the reference and where applicable on the Secretary General a notification of the reference and a copy of the statement of reference.

Rules of Procedure

Treaty for the Establishment of the East African Community

ARTICLE 6Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;

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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

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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 29Reference by the Secretary General1.Where the Secretary General considers that a Partner State has failed to fulfil an obligation under this Treaty or has infringed a provision of this Treaty, the Secretary Generalshall submit his or herfindings to the Partner State concerned for that Partner State to submit its observations on the findings.2.If the Partner State concerned does not submit its observations to the Secretary General within four months, or if the observations submitted are unsatisfactory, the Secretary General shall refer the matter to the Council which shall decide whether the matter shouldbe referred by the Secretary General to the Court immediately or be resolved by the Council.3.Where a matter has been referred to the Council under the provisions of paragraph 2 of this Article and the Council fails to resolve the matter, the Council shall direct the Secretary General to refer the matter to the Court.

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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

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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

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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

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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

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 8General Undertaking as to Implementation1.The Partner States shall:(a)plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty; (b)co-ordinate, through the institutions of the Community, theireconomic and other policies to the extent necessary to achieve the objectives of the Community; and 15(c)abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of 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

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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

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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 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;

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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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- Rules of Procedure1
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