East Africa

East Africa

Details: East Africa; 21 February 2024; 545

The appellants are also expected to file any rejoinders to the counter arguments that are to be submitted by the two states and Dr Mathuki by May 6, 2024.

The EACJ's decision to determine if the lower chamber can hear the case is a relief and procedural minor victory for activists who have suffered bruising defeats in several courts, including in France, where they run to in the hope to stop French oil giant TotalEnergies from developing the 1443km pipeline that is expected to cost $5 billion.

In November 2020, four East African non-governmental organisations (NGOs) filed the court case as part of a series of action s to challenge the construction of the world’s longest heated pipeline that will transport crude oil from Uganda’s oilfields in the west to Tanga port for export to the international markets.

The NGOs include Uganda based Africa Institute for Energy Governance (Afiego) and Center for Food and Adequate Living Rights, alongside Kenya’s Natural Justice activist group and Centre for Strategic Litigation from Tanzania.

“We are happy that the court has set in motion processes to ensure that justice is served for the benefit of communities. Communities and East Africans in general rely on their natural and other resources to make a living and any projects such as the Eacop that threaten these resources should be challenged,” said Afiego CEO Dickens Kamugisha.

Read: Did Ugandan watchdog go soft on Eacop?

The petitioners argue that Eacop violates key East African and international treaties and laws including the EAC Treaty, Protocol for Sustainable Development of the Lake Victoria basin, Convention on Biological Diversity and the United Nations Framework Convention on Climate Change.

They also cite the African Charter on Human and People’s Rights as well as the African Convention on Conservation of Natural Resources in their case filed in November 2020, asking the EACJ to issue temporary and permanent injunctions stopping the development of the pipeline.

On November 29, 2023, the First Instance Division of EACJ dismissed the case, following preliminary objections raised by Tanzania’s Solicitor General Gabriel Malata, arguing that it was time barred and that the court does not have jurisdiction to hear the case.

“We are committed to protect both the environment and the well-being of the people in East Africa. We believe our submissions will help the court understand the environmental impact of the pipeline,” said Farida Aliwa, executive director of Natural Justice.

“We want the court to recognise how the pipeline affects our environment and the delicate ecological balance we work hard to maintain. We are determined to present our case and support the sustainable future of East Africa,” Ms Aliwa added.

A Uganda government lawyer, who declined to be named as he is not cleared to speak on the matter, said the respondents will continue to argue that this case cannot proceed because it was filed out of time, as the First Instance Court found last year and agreed with the Tanzania solicitor general. By JULIUS BARIGABA, The East African

Details: East Africa; 21 February 2024; 549

Damage is seen following an army attack in El Daein. (Social media)

The Rapid Support Forces (RSF) said on Tuesday that at least 11 people were killed and dozens wounded in Sudanese army air raids on the city of El Daein, the capital of the East Darfur state and hometown of RSF leader Mohamed Hamdan Dagalo, also known as Hemedti.

The army confirmed that it carried out strikes on military targets in El Daein, saying it “hit and completely destroyed a weapons depot belonging to a terrorist militia”

The army’s WhatsApp channel said several “field commanders and Dagalo terrorist mercenaries” were killed in the attack.

In a post on the X platform, the RSF said nine of the victims were members of the same family and included women and children. Dozens of innocent civilians were wounded and hundreds of homes were damaged in the attack.

It accused the army of targeting the “al-Neem” refugee camp, a hospital and water plant in El Daein.

The city is the hometown of the Rizeigat tribe, whose members make up the majority of the RSF commanders and fighters.

The RSF accused the army of repeatedly attacking civilians with explosive bombs in “deliberate cowardly criminal acts.”

“The attack is the latest in the series of crimes committed by [army commander Abdul Fattah al-Burhan's] militia and remnants of the former regime,” it added.

It called on international rights and human rights groups to “condemn these barbaric extremist acts against innocent people.”

The RSF captured El Daein after the army retreated from it in November.

Activists on Facebook said the army’s strikes on Tuesday targeted residential areas, while others said they hit RSF positions, causing losses in lives and damaging military equipment.

Separately, witnesses said clashes erupted again in the capital Khartoum. They said the RSF shelled army positions with heavy artillery in the general command area. By Mohammed Amin Yassin, Asharq Al-Awsat

Details: East Africa; 21 February 2024; 705

Prime Minister of the Democratic Republic of the Congo (DRC) Sama Lukonde Kyenge has resigned.[Courtesy, LinkedIn]

Prime Minister of the Democratic Republic of the Congo (DRC) Sama Lukonde Kyenge submitted his resignation to President Felix Tshisekedi, the DRC presidential office announced Tuesday on X, formerly Twitter.

Sama Lukonde Kyenge was appointed prime minister on Feb. 15, 2021.

On Feb. 8, the Constitutional Court of the DRC rendered the incompatibility of government and legislative functions, asking ministers, provincial governors, and members of political cabinets, who are also elected in legislative elections, to resign from their political functions unless they renounce their electoral mandate.

"Consequently, (the Constitutional Court) demands that the members of the government, the ministerial cabinets, and the general secretariat of the government who are newly elected national deputies, senators, provincial deputies, municipal councilors of sectors or chiefdom and who have opted for their electoral mandate, automatically and immediately lose their incompatible functions," said a decree by the Constitutional Court.

On Dec. 20, 2023, 31 of the 60 members of the government, including the prime minister, were elected national deputies in the general elections, in which nearly 44 million voters were called to go to the polls during the day to elect a new president, deputies, as well as provincial and municipal councilors.

Felix Tshisekedi was re-elected with a majority of 73.47 percent of the vote and was sworn in on Jan. 20, 2024.

On Feb.7, Felix Tshisekedi named Augustin Kabuya Tshilumba, secretary general of the ruling party Union for Democracy and Social Progress (UDPS), to form the next government. The UDPS won 69 seats in the 500-member National Assembly ahead of 44 other parties in the general elections. Xinhua

Details: East Africa; 21 February 2024; 582

The Supreme Court has annulled a Court of Appeal decision declaring the National Social Security Fund (NSSF) Act unconstitutional citing jurisdiction infringement.

In a decision rendered on Wednesday, the country’s highest court determined that a consolidated petition contesting the statute fell within the jurisdiction of the Employment and Labour Relations Court (ELRC) and that the Court of Appeal wrongfully assumed jurisdiction on the matter.

“It is our holding that where the Court of Appeal determines that a trial court has acted without jurisdiction in determining a matter, it cannot assume original jurisdiction over the same,” a full bench of the court led by Chief Justice Martha Koome determined.

The Supreme Court further argued that the Appellate Court, having determined the question of contested jurisdiction between the Constitutional Court and ELRC, appeal judges ought to have proceeded to remit the matter to the right court for determination.

“Having so found, the Appellate Court has to remit the case to the court that is clothed with jurisdiction to dispose of the same without going into the merits of the dispute, for doing so may prejudice the fair determination of the case by the court with jurisdiction,” the 7-bench court asserted.

Petitioners in the suit, who included the Kenya Tea Growers Association, had contested the coming into force of the Act citing insufficient public participation.

The Constitutional Court referred two petitions to ELRC which subsequently consolidated a petition in Nakuru and Nairobi for hearing.

The Supreme Court noted that then ELRC Principal Judge Juma Nderi agreed that both judges of the Constitutional Division and those of the Labour Division could hear the matter prompting the decision by the Chief Justice to empanel a mixed bench.

The Court of Appeal declared the establishment of a mixed bench unconstitutional and later annulled a verdict by an ELRC bench on grounds the court lacked jurisdiction.

In its decision on Wednesday, Supreme Court judges however faulted the Appeal Court’s failure to remit the matter to the Constitutional Division of the High Court which it determined as the appropriate forum for the case.

The apex court reinstated the verdict of the ELRC and referred the matter to the Court of Appeal to determine the petition based on the findings of the Employment Court. By Sharon Resian, Capital News

Details: East Africa; 20 February 2024; 501

President William Ruto.[PCS, Standard]

President William Ruto has urged government officials to read local newspapers to keep abreast of the latest developments in the country.

This is even as he continues to push for the death of the same newspapers by channeling government advertising to a single newspaper.

Ruto was speaking in Naivasha on Monday, February 19 at Lake Naivasha Resort where the he met the Cabinet and Members of Parliament and Senate, who have converged to take stock of the government’s performance and progress.

The President was shocked to learn that some of the legislators were not aware of the plans to recruit some 2,500 nurses, which he said had been advertised in newspapers and he had also been talking about it during his meetings in various parts of the country.

“I have heard some of you say you are not aware. Where do you want me to stand to tell you? Which volume do you want so that you can hear?” he posed.

“The (jobs) were advertised in the press, I have talked about this thing in every meeting. When you are seated those meetings, aren’t you supposed to find out where these vacancies are afterwards?”

The Head of State took offense with the matter, noting that he had raised the issue in all the places he had visited and challenged the leaders to follow it up with the Health Cabinet Secretary.

Ruto also announced that plans were underway to export more labourers abroad and identified Germany where the government had entered into a pact on job opportunities.

“Several counties need over one million workers and we are working on an agreement with the German government for over 250,000 job opportunities by June,” he added.

However, Ruto’s call for the leaders to read newspapers comes at a time when the government has instructed State agencies to exclude three national newspapers from advertisements, a move some see as a bid to monopolize information.

Kenya Kwanza has singled out The Standard Group PLC (SG), Nation Media Group (NMG) and People Daily from a contract to run My.Gov pull-out, a weekly publication that contains government information, tenders and job opportunities.

Instead, it settled for The Star newspaper, in a contract issued to Convergence Africa Media Limited, a company that is said to have links with the ruling party. By David Njaaga , The Standard