ARUSHA – The East African Court of Justice (EACJ) has fixed the 22nd November 2023 as the date at which it will deliver judgement in the matter which Ugandan lawyer Hassan Male Mabirizi Kiwanuka is accusing Kenyan Government of banning Agricultural produce from neighboring states which is against treaty of East African Common Market.
Lawyer Hassan Male Mabirizi (courtesy photo)
According to the Ruling Notice dated 18th October 2023 , signed by the Deputy Registrar of the court , the matter will be delivered in an open court at East Africa Court of Justice headquarters in Arusha, Tanzania.
“Take notice that the above Application has been fixed for Delivery of Ruling on Wednesday the 22nd day of November, 2023 from 9.30 a.m. before Honourable Mr. Justice Yohane Bokobora Masara – Principal Judge, Honourable Justice Dr. Charles Nyawello – Deputy Principal Judge, Honourable Mr. Justice Charles Nyachae, Honourable Mr. Justice Richard Muhumuza and Honourable Justice Dr. Gacuko Leonard.” reads part of the ruling notice
In this notice which jas been served to both parties in this case, court has emphasized that if no appearance is made from any of the two , court will not hesitate to deliver its ruling.
How it all started
The ban was announced by the letter dated 5th March 2021 which was addressed to Mrs Pamela Alago the Commisoner of Customs by Kello Harsana the Acting Director General of the Authority , the ban followed thorough investigations in goods especially maize that were coming from Uganda and Tanzania. The findings proved that these products contained aflatoxins which are dangerous to human compensation.
Being not satisfied with the decision, Ugandan Lawyer pMabirizi petitioned East African Court seeking numerous orders and declarations to be issued against Kenyan Government.
In the response by Attorney Kenya filed into the EACJ Registry in Nairobi Kenya, accompanied by the affidavit of Harry Kimutai Principal Secretary State Department for Livestock in Ministry of Agricultural Livestock and Fisheries Kenya , they have justified the above decision.
“In response to paragraph 3(1-2) of the statement of Reference , the respondent admits contents in the memo dated 14th January 2021 by Director General Agriculture and Food Authority. That the said instructions were issued based on state’s right to safeguard economy under Article 78 of treaty for Establishment of East African Community (EAC).”
That on top of that last year in March Kenya imposed a lockdown to prevent the spread of Covid19 and in the process several businesses including Farming of all kinds were affected.
“That one of the sub sectors which were affected included poultry. Immediately the covid19 restrictions were eased which led to flooding of table eggs and poultry products across Kenyan Market giving hence giving Kenyan farmers less time to recover due to unfair competition from outside countries.”
Kenya also noted that other neighboring countries like Uganda and Tanzania put in place strict measures to protect their local produce against stiff competition thus living Kenyan produce with limited market.
That it was not true that the ban only affected Uganda but several countries were affected.
By this time the Government of Uganda and Kenya have and still in numerous engagements to ensure that goods from both country flow smoothly without any interruption.
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