The East African Court of Justice has thrown out a petition in which lawyer Male Mabirizi was challenging a ban by the Kenyan government on Uganda’s maize and poultry products.
In a ruling delivered on Friday, the court presided over by Principal Judge Yohane Masara approved the defence filed by the Kenyan government over the matter.
Mabirizi had in his March 11, 2021, suit challenged directives by the Agriculture and Food Authority of Kenya banning the importation of maize and chicken products from Uganda over mycotoxins and aflatoxins.
He had the court to quash the directives and issue a permanent order restraining Kenya from implementing its directives on grounds of being illegal. He also claimed the Kenyan government submitted a response to the petition late. He argued that he was served on May 3, 2021, after the expiry of the 45-day timeline required by law. The court heard that the said days started to run on March 12, 2021 and expired on April 25, 2021.
But on Friday, the court ruled otherwise.
“In addition, we do not see how the applicant will be prejudiced if the respondent’s late response was to be validated in the best interest of justice. Considering the issues arising from the statement of reference, it is only fair and just that this court hears the respondent on the same before making a determination thereof,” the justices ruled.
Mabirizi had told the court that the ban on the importation of goods from EAC partner states is unlawful and infringes the operational principles of the community, which among others, encourage free movement of goods, transparency, democracy and rule of law, account and equitable distribution of benefits.
In its defence, the Kenyan government said it banned the said commodities to protect their farmers who were recovering from the effects of the #Covid-19 pandemic from competition as well as to prevent the dumping of toxic chemicals, substances and hazardous wastes within the community.
According to Kenya, Uganda also put in place tariff measures that make their poultry products uncompetitive while it enjoys unhindered access to the Kenyan market.
