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EAST AFRICAN COURT OF JUSTICE
Katabazi and Others v Secretary-General of the
East African Community and Another
(2007) AHRLR 119 (EAC 2007)
James Katamazi and 21 Others v Secretary-General of the East
African Community and the Attorney-General of the Republic of
Uganda
East African Court of Justice at Arusha, reference 1 of 2007, 1
November 2007
Judges: Keiwua, Mulenga, Ramadhani, Arach-Amoko, Nsekela
Whether the invasion of a Ugandan High Court by armed
government agents, the re-arrest of the complainants granted
bail by the High Court and their incarceration in prison constitute
infringement of the EAC Treaty
Jurisdiction (res judicata, 30-32; human rights, 33-39)
Rule of law (separation of powers, 45, 53, 54)
Fair trial (independence of courts, 47-54)
Remedies (responsibility of EAC Secretary-General, 59-62)
[1.] This is a reference by sixteen persons against the Secretary-
General of the East African Community as the 1st respondent and the
Attorney-General of Uganda as the 2nd respondent.
[2.] The story of the claimants is that: during the last quarter of
2004 they were charged with treason and misprision of treason and
consequently they were remanded in custody. However, on 16
November 2006, the High Court granted bail to fourteen of them.
Immediately thereafter the High Court was surrounded by security
personnel who interfered with the preparation of bail documents and
the fourteen were re-arrested and taken back to jail.
[3.] On 24 November 2006 all the claimants were taken before a
military General Court Martial and were charged with offences of
unlawful possession of firearms and terrorism. Both offences were
based on the same facts as the previous charges for which they had
been granted bail by the High Court. All claimants were again
remanded in prison by the General Court Martial.
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