The East African court of Justice (EACJ) will today launch another EACJ-sub-registry in Dar es Salaam, Tanzania. This comes after launching the first one in Kigali last month. The opening of the EACJ Sub-registry follows a decision of the Council of Ministers that the Court opens sub-registries in all Partner States. It will be followed by similar launches in Kampala, Nairobi and Bujumbura.With the opening of the sub-registries, litigants will no longer be required to travel to Arusha to file their claims; instead, claims will be filed at an EACJ local sub-registry, which will handle the necessary transmission and communication details.After filing a reference, a sub-registrar who is supposed to receive the cases will transfer the files to the Arusha based headquarters for the judges to arbitrate.However while addressing the gathering at the launch of the court in Kigali, Justice Harold Nsekera, EACJ president, echoed the lack of permanent judges as the most challenge hindering the effective performance of the regional court as well as derailing the integration.He said that unless the Council of Ministers agrees to provide judges the court will continue to underperform. “We must have permanent judges based in Arusha, we cannot continue working in such a manner,” Nsekela said.The court currently has only two permanent judges, including the principal judge, Justice Johnston Busingye, and the president of the court.EACJ is the regional judicial body established to ensure adherence of laws in the interpretation, application and compliance with the regional treaty.Apparently the court together with member countries are strategizing ways legally strengthening it to handle the international criminal cases. It says it possess highly qualified judges in the region who can arbitrate the criminal cases.Who is eligible to file a case?Article 30 of the treaty for the establishment of the EAC stipulates that any person who is resident in a partner state is qualified to drag to court anybody, a member state or EAC body that does an action that is unlawful or infringes on the provisions of the treaty.Article 28 also specifies that a partner state which considers that another partner state or any organ or institution of the community has failed to fulfill an obligation under the treaty or has infringed a provision of the treaty, may refer the matter to the court for adjudication.Article 29, gives the Secretary General obligation to litigate any member state that fails to fulfill the obligation under the treaty or infringed a provision of the treaty.
