Wakilii

Avocats Sans Frontier v Nyambura and Others (Application 2 of 2013)

East African Court of Justice · [2013] EACJ 7 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to intervene as amicus curiae in pending Reference No. 1 of 2011
Decision
Avocats Sans Frontiers granted leave to intervene as amicus curiae

Observed later treatment

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Holding

The East African Court of Justice granted Avocats Sans Frontiers leave to intervene as amicus curiae in Reference No. 1 of 2011. The court held that the application was justified under Rule 36 of the Rules of Procedure, finding that the applicant would bring issues of law to assist the court in reaching a fair determination without prejudice to any party. The court emphasized that an amicus curiae has a special duty to provide cogent and helpful submissions to assist the court.

Outcome

Avocats Sans Frontiers granted leave to intervene as amicus curiae

Facts

Avocats Sans Frontiers, a Belgian-founded NGO with registered presence in Burundi and Rwanda, applied for leave to intervene as amicus curiae in Reference No. 1 of 2011 between Nyambura and the Attorneys General of Burundi and Kenya. The applicant sought to contribute to interpretation of the Treaty for the Establishment of the East African Community regarding rights and freedoms of lawyers and Law Societies in the region. The Attorney General of Burundi opposed the application, arguing it was frivolous, lacked exceptional contribution, and that the applicant's intervention would favor one party. The Attorney General of Kenya opposed on points of law only. The applicant in the substantive reference had no objection.

Issues

  1. Whether Avocats Sans Frontiers should be granted leave to intervene as amicus curiae in Reference No. 1 of 2011.
  2. Whether the applicant possesses exceptional or technical expertise that would assist the court.
  3. Whether the applicant's intervention is justified under Rule 36 of the Court's Rules of Procedure.

Orders

  • Application granted.
  • Avocats Sans Frontiers enjoined as amicus curiae in Reference No. 1 of 2011.
  • No order as to costs.

Rules and key headnotes

Amicus Curiae — Discretion to Grant Leave — Interests of Justice
The court has wide discretion to seek assistance from an amicus curiae if it considers that the interests of justice would be served, and such discretion must be exercised judiciously.
Amicus Curiae — Statement of Interest — Form and Timing
Under Rule 36 of the East African Court of Justice Rules of Procedure, a statement of the intervener's or amicus curiae's interest in the result of the case may be clearly and succinctly set out in the affidavit or body of the application itself, and need not be filed as a separate document at the time of seeking leave.
Amicus Curiae — Test for Admission — Assistance to Court
A key consideration for admitting an amicus curiae is that the proposed intervener must be of assistance to the court in determining the issues before it.
Amicus Curiae — Duties and Limitations — Impartiality
An amicus curiae has a special duty to provide cogent and helpful submissions to assist the court, must limit submissions to matters of law, and must not favor any party or descend into the arena of facts between the parties.

Cases cited (4)

  • Dritoo v Nile District Administration [1968] EA
  • AG of Botswana vs Silver Springs Hotel Ltd and Others SCCA of 2006
  • East African Law Society v Secretary General, EAC and Others (Reference No. 1 of 2009)
  • Minister of Health and Others v Treatment Action Campaign and Others 2002 (5) SA 713 (CC)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Avocats Sans Frontier v Nyambura and Others (Application 2 of 2013) [2013] EACJ 7 (28 August 2013)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.