East African court dismisses walk-to-work case
The East African Court of Justice yesterday dismissed the walk to work case filed in 2011 citing lack of sufficient evidence of the alleged acts against Uganda and the secretary general of the East African Community.
The case was filed by the East African Law Society (EALS) against Uganda and the EAC secretary general over the alleged violent disruption of peaceful demonstrations in Uganda on 1st April 2011, as being in contravention of human rights and therefore violating the Treaty for the establishment of the East African Community in particular Articles 3, 4, 6(a), 7(2), 9, 10 and 11.
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The court said that the applicant did not produce evidence to show which people were killed, not death certificates, which people were injured, no medical reports, that therefore such information was lacking to find that the government of Uganda committed the acts as alleged nor were there violation of the EAC Treaty or laws of Uganda under its Constitution.
The judgment was read by Justice Isaac Lenaola, deputy principal judge of EACJ.
The counsels present to receive the judgment were: Phillip Mwaka (Principal State Attorney), Charity Nabaasa (Senior State Attorney) and Goretti Arinaitwe (State Attorney) all representing the attorney general of Uganda.
Also present were William Ernest, the advocate for the applicant (EALS) with Michel Ndayikengurukiye (Principal Legal Officer) representing the secretary general of EAC.
Court ordered each party to bare its own costs because EALS filed the case in the wider interest of the rule of law of the community.
Court however said that had it found sufficient evidence that these events occurred, had the applicant brought credible, authentic and reliable evidence, it would have ruled that the government of Uganda violated the treaty.
