Wakilii

Kalali v Attorney General of the Republic of Rwanda (Reference No.2 of 2019)

East African Court of Justice · [2022] EACJ 12 · 2022 Reference Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference brought under the Treaty for the Establishment of the East African Community challenging border closure and movement restrictions
Decision
Reference granted with declarations issued; Respondent ordered to comply with Treaty obligations

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The East African Court of Justice held that Rwanda's closure of border points with Uganda, restriction of movement of Rwandan citizens to Uganda, and denial of entry to Ugandan traders with goods contravened multiple provisions of the Treaty for the Establishment of the East African Community and the East African Common Market Protocol. The Court found in favour of the Applicant on all substantive issues after the Respondent's supporting affidavit was struck out, leaving the Applicant's evidence uncontroverted. The Court ordered Rwanda to ensure compliance with its Treaty obligations but declined to award costs given the circumstances of the dispute.

Outcome

Reference granted with declarations issued; Respondent ordered to comply with Treaty obligations

Facts

On or about 28 February 2019, Rwanda closed its border points with Uganda and restricted Ugandan traders and their goods from entering Rwanda. Rwanda also restricted Rwandan citizens from entering or travelling to Uganda. The Applicant, a Ugandan national, brought a Reference challenging these actions as violations of the Treaty for the Establishment of the East African Community and the East African Common Market Protocol. Rwanda defended the border closure as necessary to facilitate construction work at the Gatuna border point, diverting heavy trucks to alternative border posts. Rwanda also stated it had merely advised its citizens not to travel to Uganda due to alleged mistreatment and detention of Rwandan nationals. During proceedings, Rwanda's supporting affidavit was struck out after the Respondent sought to withdraw it, having been sworn by counsel with conduct of the case. This left the Applicant's affidavit evidence uncontroverted, including evidence from multiple witnesses documenting denial of entry at border points and restriction of movement.

Issues

  1. Whether the Respondent's acts of closure of her border point(s) and blocking of access to the border point(s) contravenes Articles 5(2), 6(b)(c)(d), 7(1)(c), 8(1)(c) 74 and 76(1) of the Treaty for the Establishment of the East African Community
  2. Whether the acts of the Respondent in restricting freedom of movement of Rwandan citizens to Uganda against their wish is in breach of Articles 6(b)(c), 123(1)(3)(a)(c)(e), 124(2) and 7(2)(d) of the Treaty for the Establishment of the East African Community
  3. Whether the Respondent's act of disallowing Ugandan traders from entering its border point(s) with the goods contravenes Article 7(7) of the East African Common Market Protocol
  4. What remedies are available to the Parties

Orders

  • Declared that the Respondent's act of closure of her border point(s) and blocking of access to the border point(s) contravenes Articles 5(2), 6(b), (c) & (d), 7(1)(c), 8(1)(c), 74 and 76(1) of the Treaty for the Establishment of the East African Community.
  • Declared that the Respondent's act in restricting freedom of movement of Rwanda Citizens to Uganda against their wish is in breach of Articles 6(b) & (c), 7(2), 123(1), (3)(a), (c) & (e) and 124(2) of the Treaty for the Establishment of the East African Community.
  • Declared that the Respondent's act of disallowing Ugandan traders from entering its border point(s) with goods contravenes Articles 6(b) & (c) and 7(1)(b) of the Treaty for the Establishment of the East African Community and Article 7(7) of the East African Common Market Protocol.
  • Ordered that the Respondent ensures compliance with its obligations under the Treaty for the Establishment of the East African Community and the East African Common Market Protocol.
  • Each Party to bear its own costs.

Rules and key headnotes

Administrative Law — Treaty Obligations — Border Closure — Contravention of Regional Integration Treaty
A Partner State's closure of border points and blocking of access to those border points contravenes the Treaty for the Establishment of the East African Community where such actions restrict free movement of persons and goods guaranteed under the Treaty.
Human Rights — Freedom of Movement — Restriction of Citizens' Movement — Treaty Violation
A Partner State's act of restricting freedom of movement of its own citizens to another Partner State against their wish constitutes a breach of the Treaty for the Establishment of the East African Community.
Evidence — Affidavit Evidence — Striking Out — Effect on Burden of Proof
Where an affidavit supporting a party's case is struck out leaving no evidence, the Court must still evaluate the opposing party's evidence on the balance of probabilities and determine whether it can sustain the allegations in issue, notwithstanding the absence of rebuttal evidence.
Evidence — Uncontroverted Affidavit Evidence — Presumption of Acceptance
Where facts are sworn in an affidavit and the opposing party fails to deny them, those facts are presumed to have been accepted.
Civil Procedure — Costs — Discretion — Interests of Justice
A court may decline to award costs to a successful party where, taking into consideration the circumstances surrounding the dispute, granting costs may not serve the interests of justice.

Legislation cited (32)

  • Treaty for the Establishment of the East African Community Article 5(2)
  • Treaty for the Establishment of the East African Community Article 6(b)
  • Treaty for the Establishment of the East African Community Article 6(c)
  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(1)(c)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 7(2)(d)
  • Treaty for the Establishment of the East African Community Article 8(1)(c)
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 74
  • Treaty for the Establishment of the East African Community Article 76
  • Treaty for the Establishment of the East African Community Article 76(1)
  • Treaty for the Establishment of the East African Community Article 104(1)
  • Treaty for the Establishment of the East African Community Article 104(2)
  • Treaty for the Establishment of the East African Community Article 104(3)(a)
  • Treaty for the Establishment of the East African Community Article 104(3)(c)
  • Treaty for the Establishment of the East African Community Article 123(1)
  • Treaty for the Establishment of the East African Community Article 123(3)(a)
  • Treaty for the Establishment of the East African Community Article 123(3)(c)
  • Treaty for the Establishment of the East African Community Article 123(3)(e)
  • Treaty for the Establishment of the East African Community Article 124(1)
  • Treaty for the Establishment of the East African Community Article 124(2)
  • East African Common Market Protocol Article 3
  • East African Common Market Protocol Article 5
  • East African Common Market Protocol Article 6
  • East African Common Market Protocol Article 7(7)
  • East African Common Market Protocol Article 24
  • East African Common Market Protocol Article 29
  • East African Court of Justice Rules of Procedure 2013 Rule 8(2)
  • East African Court of Justice Rules of Procedure 2013 Rule 8(4)
  • East African Court of Justice Rules of Procedure 2013 Rule 24
  • East African Court of Justice Rules of Procedure 2013 Rule 127

Cases cited (2)

  • Niyongabo Theodore and Others v Attorney General of the Republic of Burundi (Reference No. 4 of 2017)
  • Attorney General of Burundi v Secretary General of the East African Community (Reference No. 2 of 2018)

Full judgment

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

Kalali v Attorney General of the Republic of Rwanda (Reference No.2 of 2019) [2022] EACJ 12 (23 June 2022)
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.