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The East African Court of Justice 5th November 2014: The First Instance Division yesterday resumed its month long sessions and granted leave to withdraw an Application filed by a Tanzanian resident, Mr. James Alfred Koroso, seeking an interim order that the Government of Kenya does deposit the amount of Kshs 28,475,737 being the decretal amount awarded to the Applicant by the High Court of Kenya.
The Applicant sought leave of Court to withdraw the application under Rule 51(b) of the Rules of Procedure of the East African Court of Justice which provides that, "An Applicant or a claimant may discontinue its reference or claim against all or any of the respondents or may withdraw any part of the Reference or claim; and the respondent may in similar manner discontinue or withdraw its counter claim".
Counsel for the Applicant told the Court that he should be allowed to withdrawal the Application because the prayers that sought will be addressed with in the main Reference.
The Court therefore declared the Application as withdrawn and ordered the costs to abide the outcome of the main Reference.
The subject of the main Reference (Case) is that the Applicant (Alfred Koroso) a businessman from Moshi, Tanzania, was arrested and placed in custody at Taveta Police Station in Kenya on 17 December 1993 under charges of robbery with violence. The Applicant was acquitted on 7 December 1995 after a not guilty verdict. The Applicant thereafter filed a case in the High Court Kenya in Nairobi on 15 November 1996 for payment of damages for wrongful arrest, confinement and prosecution by the Government of Kenya. His claim was successful and the High COurt of Kenya ordered compensation of Kshs 21,000,000 plus interest and cost be paid to Mr. Koroso (the Applicant).
The Applicant claims that the amount awarded to him was supposed to be paid within 30 days from the Date of the judgment of the High Court of Kenya on 25th March 2013 but it has never been paid to date.
Mr. Koroso (the Applicant) therefore alleges that the refusal, failure and frustration of the decree by the Government of Kenya is an infringement of Articles 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community.
He further alleges that he has continued to suffer and is incurring more damages and he is therefore claiming the said decretal sum and an additional amount of Kshs 5,086,465 as liquidated damages.
The Reference will be heard at a later date.
The Counsels present in Court were Mr. Selemani Kinyunyu Lawyer for the Applicant and Mr. Charles Mutinda Princple Litigation representing the Attorney General of Kenya both appeared before the Bench of the First Instance Division, Honourable Justices, Jean Bosco Butasi (Principal Judge), Isaac Lenaola Deputy (Principal Judge), Dr. Faustin Ntezilyayo, Lady Justice Monica Mugenyi and Justice Fakihi A. Jundu in open Court.
EACJ Rules Of Procedure
Rule 51 (1) Provides that; An Applicant or a claimant may discontinue its reference or claim against all or any of the respondents or may withdraw any part of the Reference or claim; and the respondent may in similar manner discontinue or withdraw its counter claim".
EAC Treaty
Article 6 (d) of the Treaty provides that, good governance including adherence to the principles of democracy, the rule of law, account ability, transparency, social justice, equal opportunities, gender equality, a s well a s the recognition, promotion and protect ion of human and peoples right s in accordance with the provisions of the African Charter on Human and Peoples' Rights;
Article 7 (2) provides that; The Partner States under take to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
