EAC court reopens following a four-month break

After a hiatus since May owing to financial constraints, the East African Court of Justice (EACJ) convened in Arusha this week to begin its September session.

In an effort to finish the backlog of cases by October 11, the judges got to work on September 16.

“The court was had to postpone its May and June 2024 sessions due to budgetary constraints. This has added to the backlog of cases, which currently totals over 260 pending matters, according to a court statement.

Citizens of Kenya, Tanzania, and Uganda file the majority of cases in the EACJ First Instance Division Court.

October 11 is the last day of the session, during which 25 items will be discussed, including 15 application and main reference hearings.

The case of opposition leader Marth Karua of Kenya against the government is one of the ones that will be heard on September 24. Karua claims that William Ruto was proclaimed president by the Independent Electoral and Boundaries Commission of Kenya in defiance of Kenyan law and the Constitution following the general election of 2022.

In line with Kenyan law and the Constitution, she further claims that the Supreme Court’s presidential dispute settlement procedure did not adequately decide the ensuing disagreement.

September 26 will see a debate between Rwanda and the Democratic Republic of the Congo over the unrest in the eastern Congo.

A suit challenging his impeachment in 2020, submitted by former Nairobi Governor Mike Sonko, will also be heard by the court.

Following the retirement of South Sudan’s Deputy Principal Judge Dr. Charles Nyawello and the resignation of Kenya’s Charles Nyachae, the regional court is still experiencing a judge shortfall in the First Instance Division, which needs three judges from Kenya, South Sudan, and Somalia. There is currently no Somali judge on the bench.

According to the Court, “it is anticipated that these vacancies shall be filled with the appointment of Judges at the next Summit of Heads of State in November 2024.”