Nestor Kayobera, President of the East African Court of Justice (EACJ), believes the court requires more financial and administrative autonomy in order to effectively carry out its mandate.
Justice Kayobera stated in Kampala during a training for East African journalists on the role of the court that the EAC Treaty provides for the impartiality and independence of the EACJ, but the court has no autonomy, unlike the East African Community’s executive and legislative arms (EAC).
“The EAC’s other arms are autonomous.” “We need the EACJ to have financial and administrative autonomy in order to properly discharge our mandate,” he said.
He bemoaned that the court’s budgetary allocations are insufficient for its operations and urged the Council of Ministers to consider a larger allocation.
He stated that the Court has an unprecedented case backlog, which he attributed to increased awareness of the Court’s mandate among EAC citizens and the lack of a permanent seat at the EAC.
The court is currently based in Arusha, but only the President and Principal Judge of the First Instance Division are permanent residents. The other judges appear as needed, and the court does not meet frequently enough to deal with matters before it speedy.
Justice Kayobera stated that because the majority of the judges have national responsibilities in their home countries, they have little time to devote to cases at the regional court.
“In the First Division, we have over 200 cases.” The Appellate Court is hearing 16 cases. “No international court handles such a large caseload,” he said.
He was pleased that the court’s decisions were being implemented by the member states.
