The East Africa First Instance Division court has dismissed the ‘walk to work’ case filed by the East African Law Society (EALS) brought against Uganda in respect to government’s reaction to the post-election protests in 2011.
Court said that the Applicant did not produce evidence to show which people were killed or their death certificates and the people injured or their medical reports.
The Deputy Principal Judge Isaac Lenoala, while delivering the Judgment said that the Applicant’s case was ‘weak’ and could not sustain the allegations as to whether Uganda committed the acts in violation of the Treaty for the Establishment of the East African Community (EAC) or Laws of Uganda under its Constitution.
Court further said that among the evidence produced by the Applicants through Affidavits were for James Aggrey Mwamu, who brought electronic evidence and he said that he was not there, he doesn’t know what happened and therefore his evidence was not authentic and reliable.
The other three: Samuel Muguya, Francis Mwijukye and Ssemujju Ibrahim Nganda were also on the spot, with court saying that Ssemuju Nganda brought a photocopies of a newspaper Article indicating that Dr Besigye Kiiza was arrested and others said that they participated in the walk to work protest and that people were killed, while others were injured and teargassed.
The case was filed by the East African Law Society against the Republic of Uganda & the Secretary General of the East African Community 2nd Respondent) over the alleged violent disruption of peaceful demonstrations in Uganda on April 11, 2011, as being in contravention of human rights and therefore violating the Treaty for the Establishment of the East African Community in particular Articles 3, 4, 6(a), 7(2), 9, 10 and 11.
Court however said that: “We will not let Uganda go thinking all was okay” Justice Lenaola read. He added that, had the Court found sufficient evidence that these events occurred, and the Applicant brought credible, authentic and reliable evidence, court would have found the Government of Uganda to have violated the Treaty.
The Judgment was read by Hon Justice Isaac Lenaola, Deputy Principal Judge and Counsels present in Court to receive the Judgment were Phillip Mwaka (Principal State Attorney), Charity Nabaasa (Senior State Attorney) and Goretti Arinaitwe (State Attorney) all representing the AG Uganda, and Mr William Arnest for the Applicant (EALS) with Michel Ndayikengurukiye (Principal Legal Officer EAC).
Court ordered each party to bare its own costs because EALS filed the case in the wider interest of the Rule of Law of the Community.
