East Africa

East Africa

Details: East Africa; 22 February 2024; 252

African Union Commission Chairperson Moussa Faki.

African Union Commission (AUC) Chairperson, Moussa Faki, has advised foreign powers to stop meddling into African affairs more so those around the conflict in the Democratic Republic of Congo (DRC).

In a statement on Wednesday, 21 February, Faki said the political differences in Africa can be resolved by dialogue and not military solutions or interferences by foreigners.

“AU Commission chair Moussa Faki calls upon all foreign powers to completely abstain from all interference in the internal affairs of all African countries, notably those of the Great Lakes Region,” the statement read.

Further, the leader urged heads of DRC and Rwanda, in particular, to prioritise dialogue within the framework of the two African mechanisms led by President Joao Lourenco of Angola and former President Uhuru Kenyatta.

“The chairperson of the AUC reiterates his call for rapid de-escalation. He calls upon regional leaders, particularly those of DRC and Rwanda, to prioritise dialogue in the framework of the two African mechanisms… to agree on the modalities of a peaceful and lasting solution to the crisis,” the statement read.

The statement comes amid a surge of violence in Eastern DRC, where the Congolese armed forces (FARDC) are battling the M23 rebel group.

Numerous ceasefires brokered by regional leaders and the United States in 2022 and 2023 have been initiated but were frustrated by the ineffectiveness of troops, deployed to enforce the withdrawal of the rebels.

The conflict has displaced hundreds of thousands of people and claimed dozens of lives, raising fears of a humanitarian crisis. By Esther Nyambura, The Standard

Details: East Africa; 21 February 2024; 302

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; 284

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; 21 February 2024; 296

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; 334

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