Cases

PALU, within in its Legal Aid programme, has concluded 6 cases and has 13 ongoing cases at the African Court of Human and Peoples' Rights and concluded 6 cases and has 1 ongoing case at the East African Court of Justice .

Click on the below links for more information on respective cases.

African Court of Human and Peoples' Rights (AfCHPR)

Concluded Cases

No Case Role of PALU Status
1. Applic. 004 of 2011

African Commission on Human & Peoples’ Rights vs. Libya

Amicus Curiae
  • Case dismissed on 15 March 2013 for lack of prosecution
2. Applic. 009 and 011 of 2011 (Consolidated)

Tanganyika Law Society (TLS), Legal & Human Tights Centre – Tanzania (LHRC Tz) & Rev. Christopher Mtikila vs. United Republic of Tanzania

(The Independent Candidates’ Case)

Counsel for the 1st Applicants, i.e. Tanganyika Law Society (TLS) & Legal & Human Tights Centre – Tanzania (LHRC Tz)
  • Judgement delivered on 14 June 2013 in favour of the Applicants
  • Judgement on Reparations delivered on 13 June 2014 (declining to give Reparations)
3. Advisory Opinion Applic 002 of 2012

Request for an Advisory Opinion in the matter of the Tribunal of the Southern African Development Community (SADC Tribunal)

Co-Applicants

  1. Pan African Lawyers Union (PALU)
  2. Southern African Development Community Lawyers’ Association (SADC LA)
  3. Southern Africa Litigation Centre (SALC)
  • Court Order dismissing the request for the advisory opinion delivered on 15 March 2013
4. Applic. 003 of 2012

Peter Joseph Chacha vs. United Republic of Tanzania

Pro Bono Counsel for Applicant

(Appointed by the Court)

  • Judgement delivered on 28 March 2014, dismissing the case for lack of exhaustion of local remedies

 

5. Applic 004 of 2013

Lohe Issa Konaté vs Burkina Faso

 

 

 

Amicus Curiae

 

 

 

 

  • Judgement delivered on 5 December 2013 in favour of the Applicant
  • Judgement on Reparations delivered on 3 June 2016.

 

6.  

Applic. 002 of 2014

Faustin Uwintije vs. Republic of Rwanda

 

Pro Bono Counsel for Applicant

(Appointed by the Court)

  • Case dismissed for lack of exhaustion of local remedies.

Ongoing Cases

No Case Role of PALU Status
1 Applic. 006 of 2012

African Commission on Human & Peoples’ Rights vs Republic of Kenya

(In the matter of the Ogiek Community of Mau Forest)

Co-Counsel for the Applicant
  • Hearing held on 27-28 November 2014 in Addis Ababa, Ethiopia.
  • Pending Judgment
2 Applic. 005 of 2013

Alex Thomas vs United Republic of Tanzania

Pro Bono Counsel for Applicant

(Appointed by the Court)

  • Hearing held on 3 December 2014 in Addis Ababa, Ethiopia
  • Judgement delivered on 20 November 2015 in favour of the Applicants
  • Filed Submissions for Reparations, pending Judgement on Reparations.
3 Applic. 006 of 2013

Wilfred Onyango Nganyi & Others vs. United Republic of Tanzania

Pro Bono Counsel for Applicant

(Appointed by the Court)

  • Hearing held on 21 May 2015.
  • Judgement delivered on 18 March 2016 in favour of the Applicants.
  • Preparing Submissions for Reparations
4 Applic. 009 of 2013

Mohamed Abubakari vs. United Republic of Tanzania

Pro Bono Counsel for Applicant

(Appointed by the Court)

  • Hearing held on 22 May 2015
  • Judgement delivered on 03/06/2016 in favour of the Applicant.
  • Preparing Submissions for Reparations
5 Applic. 001 of 2015

Armand Guehi vs. The United Republic of Tanzania

Pro Bono Counsel for the Applicant (Appointed by the Court)
  • Filed Applicant’s Reply to Respondent’s Response.
  • Ongoing.
6 Applic. 003 of 2015

Kennedy Owino Onyachi vs. United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing
7 Applic. 004 of 2015

Andrew Ambrose Cheusi vs. United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing

 

8 Applic. 005 of 2015

Thobias Mang’ara Mango & Shukurani Masegenya Mango vs. United Republic of Tanzania

 

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing
9 Applic. 006 of 2015

Nguza Viking (Babu Seya) & Another vs. United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing
10 Applic. 009/2015

Lucien Ikili Rashid vs. United Republic of Tanzania

 

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing
11 Applic. 010/2015

Amiri Ramadhani vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing
12 Applic. 011/2015

Christopher Jonas vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing
13 Application No 006 of 2016

Mgosi Mwita Makungu vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Ongoing

East African Court of Justice (EACJ)

Concluded Cases

No Case Role of PALU Status
1. Reference No. 3 of 2010, Independent Medico-Legal Unit (IMLU) v. Attorney General of Kenya & Secretary General of the East African Community

  • Appeal No. 1 of 2011

 

Amicus curiae
  • Dismissed because it was filed out of time as prescribed by Art 30 (2) of EAC Treaty
2. Reference No. 4 of 2011, Omar Awadh Omar & six Others v. Attorney General of Kenya & two Others

  • Main reference and two interlocutory Applications
  • Appeal No. 2 of 2012 and one interlocutory Application
Applicant’s counsel
  • First instance decision was delivered on 28 February 2012
  • The Appeal judgment delivered on 15 April 2013
3. Reference No 5 of 2011, Samuel Mukira Mohochi v. Attorney General of Uganda & Secretary General, East African Community Co-Counsel for the Applicant. (Lead Counsel: Mbugua Mureithi wa Nyambura
  • Reference filed on 13 June 2011
  • The EACJ delivered the Judgement on 17 May 2013 granting four out of five Prayers extended by the Applicant.
4. Reference No 11 of 2011, Mbugua Mureithi wa Nyambura v. Attorney General of Uganda & Attorney General of Kenya Counsel for the Applicant
  • Reference filed on 30 December 2011
  • Judgement delivered on 24 February 2014 and the EACJ found the Reference time barred hence dismissed it.
5. Reference No. 6 of 2014 Human Rights Awareness & Promotion Forum v. The Attorney General of the Republic of Uganda

Application No 3 of 2015, for Amicus curiae

Counsel for Amicus Curiae Applicant, Secretariat of the Joint United Nations Programme on HIV/AIDS
  • Hearing was on 16 June 2016.
  • Judgment was on Tuesday 27 September 2016, at 9.30 a.m.

 

6. Reference No 2 of 2015, The East African Civil Society Organizations’ Forum (EACSOF) v. The Attorney General of the Republic of Burundi and two Others

  • Temporary injunction Application No. 5 of 2015

 

Counsel for the Applicant
  • Dismissed for lack of jurisdiction on 29 September 2016.
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