On 5th September 2024, Hon. Justice Nestor Kayobera, President of the EACJ, Hon. Justice Yohane Masara Principle Judge, Her Worship Christine Mutimura, Deputy Registrar, and Nina Sokoine, Legal Advisor paid a courtesy call to the Attorney General Hon. Dorcas A. Oduor SC, OGW, EBS.
The EACJ President expressed gratitude to the Attorney General for accommodating the courtesy call on short notice and for meeting with the judges on behalf of the government of Kenya.
The Judge also expressed deep appreciation to the Republic of Kenya for its financial support to the Community which he noted has enabled the EACJ to resume court sessions which had been affected due to budgetary constraints on the EACJ.
While citing the role of the EACJ, i.e. to interpret the EAC Treaty, to interpret the application of the EAC Treaty and to ensure compliance with the Treaty obligations by member states, the Judge appreciated that the Attorney General is not an ordinary litigant and his/her presence in court proceedings is critical. He urged the Attorney General to take up a more active role by appearing before the Court as the Court needs an Attorney General who understands the role of the Court in the implementation of the EAC Treaty.
Judge Kayobera indicated that there are fifty-four (54) pending cases filed at the EACJ to which the Attorney General of the Republic of Kenya is a party. He provided a schedule of the said cases to the Hon. Attorney General for her attention. The Judge also indicated that the EACJ has made similar courtesy calls on the Attorney Generals of Uganda, Rwanda and South Sudan, and were scheduled to meet the Attorney General of Tanzania. The Judge further indicated that the EACJ has been meeting with the Chief Justices of the member states in an effort to foster collaboration.He regretted that no Kenyan Judge has been appointed in the Court of 1st Instance Division as provided for under the EAC Treaty since the last Kenyan judge retired. He thus urged Kenya to greatly consider the appointment of a Kenyan judge in the next meeting of the Summit of the EAC Heads of State.
The Judge also noted the importance of appearance before the Court by government lawyers in the Community and in enriching jurisprudence. The Judge urged the Attorney General to contribute to the enrichment of jurisprudence by ensuring adequate facilitation of government counsel in terms of resource and professional capacity. The Judge urged the continued training of government lawyers in the Community with the EACJ.
In her remarks, the Hon. Attorney General appreciated the EACJ delegation for paying a courtesy call on the Office. She appreciated the importance of regional bodies such as the EACJ in boosting relations among the EAC member states.
The Hon. Attorney General noted that most cases filed at the EACJ emanate from constitutional pronouncements made by municipal courts in the Community and thereby urged consideration of procedural review rather merit review by the EACJ in such instances. She appreciated the rich jurisprudence coming from the defunct East African Court of Appeal and thus expressed hope that there will be richer jurisprudence coming from the EACJ to the municipal courts of the Community.
The Hon. Attorney General also noted that there are cross cutting social, economic and governance issues in the Community. She thus urged for a unified approach towards the changing demographics in citizen activism.
The Hon. Attorney General indicated that the Office is looking forward to further engagements with the Attorney Generals of other member states to discuss issues around economic engagements, interpretation and implementation of the EAC Treaty.
