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Cases

PALU under its Litigation programme has concluded 11 cases, with 13 ongoing before the African Court on Human and Peoples' Rights, 7 have been concluded at the East African Court of Justice,while 10 are ongoing.

 

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.
7. Applic. No 006 of 2016

Mgosi Mwita Makungu vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant (Appointed by the Court)
  • Judgement delivered on 7 December 2018 in favour of Applicant
  • Court ordered his release
  • Reparation submissions to be filled within 30days.
8. Applic. 001 of 2015

Armand Guehi vs. The United Republic of Tanzania

Pro Bono Counsel for the Applicant

(Appointed by the Court)

  • Order for Provisional measures on 18 March 2016 in favour of the Applicant
  • Hearing held on 15 March 2018
  • Reparation submissions filed on 19 June 2018
  • Judgement delivered on 7 December 2018
  • All claims dismissed except that national proceedings were unduly prolonged and that he was subjected to inhuman and degrading treatment when he was not given food for days after he was arrested.
  • Reparations of US$2500 awarded.

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.
  • Judgement delivered on 26 March 2017 in favour of the Applicants
  • Filed Submissions for Reparations,pending Judgement on Reparations.
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.
  • Pending Judgement on 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.
  • Reparation Submissions filed on 26 November 2016
  • Pending Judgement on Reparations
5 Applic. 003 of 2015

Kennedy Owino Onyachi vs. United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Judgement delivered on 03 June 2016 in favour of the Applicant
  • Reparation submissions filed on 26 November 2016
  • Pending Judgment in Reparations
6 Applic. 004 of 2015

Andrew Ambrose Cheusi vs. United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Reparation Submissions filed on 30 July 2018
  • Pending Judgment on Reparations

 

7 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)

  • Judgment delivered on 11 May 2018 in favour of the Applicants
  • Reparation Submissions filed on 30 July 2018
  • Pending Judgment of Reparations
8 Applic. 006 of 2015

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

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Judgment delivered on 23 March 2018 in favour of the Applicants
  • Reparation submissions filed filed on 21 August 2018
  • Pending Judgment on Reparations
9 Applic. 009/2015

Lucien Ikili Rashid vs. United Republic of Tanzania

 

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Judgment delivered on 11 May 2018
  • Reparation submissions filed on 21 August 2018
  • Pending Judgment on Reparations
10 Applic. 010/2015

Amiri Ramadhani vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Judgment delivered on 11 May 2018 in favour of the Applicant
  • Reparation submissions filed on 30 July 2018
  • Pending Judgment on Reparations
11 Applic. 011/2015

Christopher Jonas vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Judgment delivered on 28 September 2017
  • Reparation submissions filed on 11 October 2018
12 Application No 006 of 2016

Mgosi Mwita Makungu vs. The United Republic of Tanzania

Legal Aid Counsel for Applicant

(Appointed by the Court)

  • Order for Provisional measures issued on 18 November 2016
  • Ongoing
13 Application No 056 of 2016

Gozbert Henerico vs The United Republic of Tanzania

 

  • Order for provisional measures on 18 November 2016
  • Ongoing
14 Advisory Opinion on decriminalising petty offences in Africa
  • Application files on 11 May 2018
  • 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
  • Judgment 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.
7 Reference No 8 of 2015 Manariyo Desire vs. The Attorney General of the Republic of Burundi Counsel for Applicant
  • Hearing was on 13 June 2016
  • Judgment delivered on 2 December 2016
  • Filed Notice of Appeal and Memorandum of Appeal
  • Scheduling Conference was on 9 May 2017
  • Submissions were filed on 9 June 2017
  • Hearing was held on 8 February 2018
  • Additional submissions were filed on 8 March 2018
  • Hearing was held on 15 May 2018
  • Judgment delivered 28 November 2018 dismissing Reference on technicality in Affidavit.

On- Going Cases

No.  Case Role of PALU Status
1

 

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.
  • Case reverted back to 1st Instance for determination on merits by Appellate Decision.
  • Ongoing
2 Reference No. 16 of 2016 (Application No 16 of 2016)

FORSC, ACAT, APRODH, FOCODE AND RCP VS. SG of EAC & AG of Burundi

Counsel of the Applicant
  • Hearing was held on 14 September 2017
  • Ruling on Application for provisional measures delivered on 23 January 2018
  • Ongoing
3 Appeal No 3 of 2016 (Arising from Application No 4 of 2015 and Reference No 10 of 2014)

The Attorney General of Uganda vs Media Legal Defence  Initiative (MLDI)

Counsel of the Respondent
  • Application and Appeal filed by AG of Uganda were withdrawn
  • Ongoing
4 Ref. No 2 of 2017

Media Council Of Tanzania, Legal And Human Rights Centre and Tanzania Human Rights Defenders Coalition vs United Republic of Tanzania

Counsel for Amicus
  • Reference filed on 11 January 2017
  • Ongoing
5

 

Reference No 4 of 2017

Niyongabo Theodore, Niyungeko Gerard and Manariyo Desire

 vs. The Attorney General of the Republic of Burundi.

Counsel of the Applicants
  • Reference was filed on 17 March 2017
  • Ongoing
6

 

Reference No. 10 Of 2017

Ololosokwan Village Council; Oloirien Village Council; Kirtalo Village Council; Arash Village Council vs. The Hon. Attorney General Of The Government of the United Republic of Tanzania  (Loliondo case)

Application No. 15 Of 2017 (Arising Out of Reference No. 10 Of 2017).

Counsel of the Applicants
  • Filed on 21 September 2017
  • Hearing of Application No. 15 of 2017 was held on 14 March 2018
  • Ruling on interim measures delivered on 25 September 2018 in favour of the Applicants
  • Ongoing
7 Reference No. 14 of 2017

Hon. Winfred Kiiza and 7 Others vs. The Attorney General of Uganda

Counsel of the Applicants
  • Filed on 24 November 2017
  • Ongoing
8 Reference No.19 of 2018

Michael Mahok vs The Hon. Attorney General Of The Government Of South Sudan

Counsel of the Applicant
  • Reference filed on 12 October 2018
  • Notice of motion filed on 30 October 2018
  • Ongoing
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African Human Rights Action Plan 2017-2026

PALU at Court | Litigation

African Human Rights Action Plan 2017-2026

Commitment to the Code of Ethics
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