NAIROBI, Kenya, Dec 16 – Chief Justices from East African Community (EAC) Member States have resolved to engage the private sector on ways to spur social justice through efficient disposal of commercial cases.
In a joint communique released on Thursday, the Chief Justices stated that in order to realize economic progress and development, the Judiciaries in the region shall oversee the establishment of commerce-friendly courts to facilitate the ease of conducting businesses.
The Chief Justices further resolved to establish simple systems of dispute resolution including arbitration and mediation and adopt cheaper and faster systems of adjudication including Small Claims Courts.
“To foster economic development, stimulate investor confidence; strengthen local innovations and inventions; and attract long term financial flows; Courts shall be active in enforcing contractual obligations and protecting property rights, and adopting an adjudicative and interpretive stance that promotes the national goal of creating a favorable investment climate for both foreign investors and domestic entrepreneurs,” they stated.
The resolutions were adopted following a three-day joint symposium of the East African Judicial Education Committee and the East African Chief Justice’s forum held in Mombasa that brought together Chief Justices from Uganda, Tanzania, South Sudan, Burundi and Kenya.
In a bid to increase efficiency in resolving commercial disputes, the Chief Justices agreed to initiate the Chief Justice-Private Sector Roundtables in their respective nations and at the regional level to function as “avenues for dialogue that can facilitate an enabling business environment”
In regards to technology, the justices pledged to establish a modern and sustainable Information Communication Technology (ICT) ecosystem for the Judiciaries in all the partner states.
“It is essential that courts deepen and expand the use of technology in their operations through investment in infrastructure; recruitment of enough personnel; continuous training of judges, judicial officers and staff; continuous public education; and increased budget allocation to judicial digitization,” read the communique in part.
The Chief Justices further agreed that each of them shall be on the forefront in the automation processes within their jurisdictions.
The top EAC justices also agreed to support the establishment, financing, and operationalization of the Small Claims Courts, plea bargaining, and arbitration and mediation in their jurisdictions in bid to achieve quicker and affordable justice to the vulnerable in the society.
“That Courts embrace traditional and community-based ways of resolving disputes including alternative justice systems, arbitration, mediation, and reconciliation given the comparatively higher confidence level of the informal justice systems,” the Chief Justices resolved.
To enhance accountability, the Chief Justices agreed to enhance the fight and eradication of corruption in courts because noting that it undermines the rule of law, administration of justice and affects the public confidence in the judiciary.
They also resolved to establish mechanisms to enhance closer regional collaboration in the tackling of the transboundary crimes.
Chief Justices Martha Koome (Kenya), Emmanuel Gateretse (Burundi), Faustin Ntezilyayo (Rwanda) and Chan Reec Madut (South Sudan) graced the forum.
Uganda was represented by Deputy Chief Justice Richard Buteera while Tanzania was represented by Gerald A. M. Ndika, Judge of the Court of Appeal.
Justice Nestor Kayobera, Judge President of the East African Court of Justice, also attended the forum.
