Kenya: High Court Judgment on Conflict of Kenya Constitution and East African Community Act

1970 ◽  
Vol 9 (3) ◽  
pp. 556-560
Keyword(s):  
Attorney General ◽  
Senior Resident ◽  
East African ◽  
East African Community ◽  
High Court ◽  
Section 8 ◽  
African Community

Two cases were filed by the Attorney-General in the Resident Magistrate's Court at Nairobi charging two persons with certain offences against the Official Secrets Act (Act 4 of 1968) of the East African Community. Since section 8(1) of that Act lays down that a prosecution shall not be instituted without the consent of the Counsel to the Community, the point arose as to whether the prosecutions could proceed without such consent. At the request of the Advocates appearing before him, the learned Acting Senior Resident Magistrate referred the matter to the High Court under section 67(1) of the Constitution of Kenya.

Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania (East Afr. Ct. J.)

2020 ◽  
Vol 59 (5) ◽  
pp. 849-872
Author(s):  
Ndanga Kamau
Keyword(s):  
Freedom Of Expression ◽  
Attorney General ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
United Republic ◽  
Media Services ◽  
United Republic Of Tanzania ◽  
African Community

On March 28, 2019, the First Instance Division of the East African Court of Justice (the EACJ or Court) issued a judgment in Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania, Reference No. 2 of 2017. The Court held that several provisions of United Republic of Tanzania's Media Services Act 2016 (the Act) violated the freedom of expression at the heart of the fundamental and operational principles enshrined in Articles 6(d) and 7(2) of the Treaty Establishing the East African Community (the EAC Treaty).

East African Community: Court of Appeal Judgment on Conflict of Kenya Constitution and East African Community Act

1970 ◽  
Vol 9 (3) ◽  
pp. 561-566
Keyword(s):  
East African ◽  
Community Court ◽  
East African Community ◽  
High Court ◽  
African Community ◽  
The Republic ◽  
Court Of Appeal

This appeal comes before us in the most unusual circumstances, It is an appeal by the East African Community (the Community) as appellant , with the Republic of Kenya as respondent, against a decision of the High Court of Kenya given on a reference to it by a resident magistrate of a question relating to the interpretation of the Constitution of Kenya.

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