Wakilii

Koroso v A.G. of Republic of Kenya and Anor (Reference 12 of 2014)

East African Court of Justice · [2016] EACJ 111 · 2016 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference to the East African Court of Justice under Article 30 of the Treaty for the Establishment of the East African Community alleging violation of Treaty provisions arising from non-compliance with Kenyan court orders
Decision
Declaration granted that Respondents violated Treaty provisions by failing to comply with Warrant of Arrest; monetary claims dismissed

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 it had jurisdiction to entertain the Reference under Articles 23, 27 and 30 of the Treaty. The Reference was partly time-barred but actions relating to non-compliance with a Warrant of Arrest dated 9 July 2014 fell within the two-month limitation period. The Court declared that the Respondents violated Articles 6(d) and 7(2) of the Treaty by failing to effect the Warrant of Arrest before a stay of execution was granted. The Court declined to award monetary damages, holding that its jurisdiction is limited to interpretation and application of Treaty provisions.

Outcome

Declaration granted that Respondents violated Treaty provisions by failing to comply with Warrant of Arrest; monetary claims dismissed

Facts

The Applicant, a Tanzanian citizen, obtained judgment in his favour in the Kenyan High Court in Civil Case No. 2966 of 1996 on 22 February 2008 for false imprisonment and malicious prosecution. A Decree and Certificate of Order were issued on 17 April 2008 and 8 December 2011 respectively, ordering the Respondents to pay Ksh. 31,576,584. Despite repeated demands, the Respondents failed to pay. The Applicant filed Judicial Review Application No. 44 of 2012, which resulted in a judgment on 19 March 2013 and a Decree on 25 March 2013 ordering payment of Ksh. 21,000,000. The Kenyan High Court issued multiple Notices to Show Cause and Warrants of Arrest against the Respondents between May 2013 and July 2014, which were not complied with. The Respondents filed a Notice of Appeal on 4 March 2008 but only filed the actual appeal on 1 July 2014, six years later. A stay of execution was granted by the Kenyan Court of Appeal on 22 July 2014, one day after the Applicant filed this Reference on 21 July 2014.

Issues

  1. Whether the East African Court of Justice has jurisdiction to entertain the Reference
  2. Whether the Reference is time-barred under Article 30(2) of the Treaty
  3. Whether the actions of the Respondents are in violation of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community
  4. Whether the issues in this Reference are similar to the issues in Nairobi High Court Civil Case No. 2966 of 1996
  5. Whether the Applicant is entitled to the reliefs sought

Orders

  • A declaration is issued that by failing to effect the Warrant of Arrest issued by the High Court of Kenya on 9th July 2014, and before orders of stay of execution were issued by the Kenyan Court of Appeal on 22nd July 2014, the Respondents violated Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.
  • Prayers for liquidated damages, general damages, payment of the decretal sum, and interest are denied and dismissed.
  • The Applicant shall have one-third of the costs of the Reference.

Rules and key headnotes

East African Court of Justice — Jurisdiction — Article 30 References — Interpretation of Treaty Provisions
The East African Court of Justice has jurisdiction under Articles 23, 27 and 30 of the Treaty to entertain and determine a Reference where there is an allegation of infringement of Treaty provisions, regardless of whether local remedies have been exhausted.
Limitation — Article 30(2) of the Treaty — Two-Month Time Limit — Continuing Violations
Where a party defies multiple court orders over an extended period, the two-month limitation period under Article 30(2) of the Treaty runs from the date of each separate act of non-compliance, not from the date of the original judgment or decree.
Good Governance and Rule of Law — Non-Compliance with Court Orders — Articles 6(d) and 7(2) of the Treaty
Failure by a Partner State to comply with a warrant of arrest issued by a competent national court before a stay of execution is obtained constitutes a violation of the principles of good governance and rule of law enshrined in Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.
East African Court of Justice — Jurisdiction — Monetary Awards — Article 44 of the Treaty
The East African Court of Justice does not have jurisdiction to award monetary damages, general damages, or to order payment of decretal sums arising from national court judgments. Its jurisdiction under Articles 23, 27 and 30 of the Treaty is limited to interpretation and application of Treaty provisions. Article 44 of the Treaty, which refers to pecuniary obligations, relates only to costs and matters in pursuance of Treaty interpretation, not to substantive monetary awards.
Cause of Action — Distinction Between National Court Claims and Treaty Violations
A reference under Article 30 of the Treaty is not an action in tort brought by a person injured by the misfeasance of another. It is an action to challenge the legality, under the Treaty, of an activity of a Partner State or of institutions of the Community. The cause of action in a national court claim for false imprisonment and malicious prosecution is distinct from a cause of action alleging violation of Treaty provisions arising from non-compliance with court orders.

Legislation cited (9)

  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 23
  • Treaty for the Establishment of the East African Community Article 27
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 44
  • East African Court of Justice Rules of Procedure Rule 24
  • East African Court of Justice Rules of Procedure Rule 53
  • East African Court of Justice Rules of Procedure Rule 111(1)

Cases cited (8)

  • Attorney General of the Republic of Kenya v Independent Medical Legal Unit (EACJ Appeal No. 1 of 2011)
  • Samuel Mukira Muhochi v Attorney General of the Republic of Uganda (EACJ Reference No. 5 of 2011)
  • Emmanuel Mwakisha Mjawasi and 28 Others v Attorney General of the Republic of Kenya (EACJ Appeal No. 4 of 2011)
  • James Katabazi and 21 Others v Secretary General of the EAC and Others (EACJ Reference No. 1 of 2007)
  • Henry Kyarimpa v Attorney General of the Republic of Uganda (EACJ Reference No. 1 of 2013)
  • East African Law Society v Attorney General of Burundi and Another (EACJ Reference No. 1 of 2014)
  • Godfrey Magezi v Attorney General of the Republic of Uganda (EACJ Reference No. 5 of 2013)
  • Prof. Peter Anyang Nyong'o and 10 Others v Attorney General of the Republic of Kenya and 5 Others (EACJ Reference No. 1 of 2006)

Full judgment

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

Koroso v A.G. of Republic of Kenya and Anor (Reference 12 of 2014) [2016] EACJ 111 (24 March 2016)
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.