Ally Msanga, David Makatha and John Bwenda want the Arusha-based Court to restrain the Respondents from effecting resolutions arrived at in their earlier meetings in Kenya, Uganda, and Rwanda, pending the hearing and determination of the Application of inter parties.
The Court found that the Applicants had provided insufficient material for the Court to make a decision and therefore adjourned the matter to be heard in February 2014 after filing more documents and serving all the Respondents in the matter and ready for the inter-partes hearing.
The Court also told the Applicant to file all the necessary documents in English which is the official language of the Community since all documents in support of the matter were in the Kiswahili language and had not been translated in accordance with Article 137 of the EAC Treaty.
Counsel for the Applicants Jimmy Obedi said that the application was brought to Court under Rules 73 (1 & 2) of the East African Court of Justice, which provides that;
Rule 73. (1) Pursuant to the provisions of Article 39 of the Treaty, the Court may in any case before it upon application supported by affidavit issue interim orders or directions which it considers necessary and desirable upon such terms as it deems fit.
(2) The Court on application of any party may grant an ex-parte interim order if satisfied that it is just to do so. Upon granting an ex-parte interim order the Court shall fix a date within a period not exceeding thirty (30) days for the hearing of the application inter-partes.
The Reference which is filed, pending hearing and determination is seeking reliefs from the Court as follows ;
1) The Court to declare that the Secretary General acted irresponsibly,
2) The acts of the Republics of Kenya, Uganda and Rwanda are in contravention of the Treaty for the establishment of the East African Community,
3) an order for annulment of resolutions and communiqués arrived and made by the threee Countries Kenya, Uganda and Rwanda during the meetings mentioned earlier. And he asks Court to make permanent and perpetual restraint orders to the three Countries from continuing with breaches complained of.
The Court composed of Justices, Jean Bosco Butasi (Principal Judge) Stella Arach Amoko (Deputy Principal Judge) and Kenya’s Isaac Lenaola (Judge).
Only two Applicants Ally Hatibu Msanga, and John Adam Bwenda were present in Court.