BY OUR CORRESPONDENT
The Judge President of the East African Court of Justice (EACJ), Hon. Justice Nestor Kayobera, has underscored the crucial role Attorneys General play as key stakeholders of the Court.
Kayobera made the remarks when he together with the Principal Judge, Hon. Justice Yohane Masara, and the Deputy Registrar, Her Worship Christine Mutimura, paid a courtesy visit to the newly appointed Attorney General of Kenya, Dorcas Oduor, at her office at Sheria House, Nairobi.
Justice Kayobera congratulated Hon. Oduor on her appointment and expressed gratitude for her warm reception despite her busy schedule.
He commended the Government of Kenya for its timely financial contributions to the East African Community (EAC), which enabled the EACJ to resume its September session after the cancellation of its May, June, and August sessions due to funding constraints.
Justice Kayobera said: “Not only do they act as litigants, but they also serve as principal legal advisors to their governments, representing their respective Partner States in the EAC’s legal and judicial affairs, the Council of Ministers, and high-level task forces, including those on the amendment of the EAC Treaty,” said Justice Kayobera.
He further said that a thorough understanding of the EACJ’s role in the regional integration agenda by Attorneys General enhances the Court’s jurisprudence and facilitates the discharge of its judicial mandate under Article 23 of the EAC Treaty.
Justice Kayobera reiterated the Court’s independence and impartiality while stressing the importance of maintaining good relations among EAC organs and institutions.
The President of the Court also informed the Attorney General that the EACJ’s First Instance Division (the Trial Court) would resume its sessions next week, although without a Kenyan judge following the resignation of Hon. Justice Charles Nyachae, in December 2023. He recommended that the next EAC Heads of State Summit appoints a new judge from Kenya in line with Article 24 of the EAC Treaty.
In her response, the Attorney General, Oduor, acknowledged the importance of regional bodies like the EACJ.
She noted that many cases in her office pertain to the implementation of the Kenyan Constitution, a challenge that extends beyond Kenya and is common across East Africa and internationally.
The Attorney General expressed interest in convening a meeting with other EAC Partner States’ Attorneys General to discuss shared legal and judicial matters affecting regional integration, with EACJ participation.
Oduor pledged her full support for the EACJ and committed to promoting awareness of the regional Court, the EAC Treaty and their potential impact on economic development across the region.
She also expressed her appreciation to the EACJ leadership for the inaugural visit to her office and reiterated her readiness to collaborate on legal matters, including cross-border issues.
Justice Yohane Masara, Principal Judge of the EACJ, expressed gratitude to the Attorney General for the opportunity to meet and highlighted the importance of appearing in regional Court and engagement with the same to address the interests of litigants. He extended an invitation to Hon. Oduor to participate in the upcoming Court session in Arusha this month.
EACJ Deputy Registrar Her Worship Christine Mutimura assured the Attorney General of her full support and availability to assist all litigants and reaffirmed her commitment to strengthening the relationship between the EACJ and its stakeholders.
