1 THE REPORT OF THE GOVERNING ... - East Africa Law Society

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					THE REPORT OF THE GOVERNING COUNCIL TO THE ANNUAL
GENERAL MEETING, TO BE HELD ON SATURDAY 28TH OCTOBER 2006
AT SPEKE RESORT AND COUNTRY CLUB, MUNYONYO, KAMPALA,
UGANDA.

FOREWORD

FROM THE PRESIDENT’S DESK

My Dear Learned Sisters and Brothers,

Let me take this opportunity to welcome you to yet another Annual
Conference and General Meeting of the EALS, taking place at the serene
Speke Resort and Country Club, Munyonyo, Kampala, Uganda. I am sure
that we will all have a wonderful time here, as we meet to discuss and
conduct the business of our Society. This annual event is increasingly
becoming a very important part of our legal calendars and I am quite
certain you will agree with me that for many of us, we look forward to
this event, in order to enhance further the cooperation that continues to
strengthen within the legal fraternity in East Africa.

I wish to take this opportunity, on behalf of your Council, to present to
you the 2005-2006 Annual Report of the Society, and welcome you to go
through it, and as usual we will be glad to receive your feedback.

I take this opportunity with a great sense of joy and pride that two years
ago you deemed it fit to entrust this Council with the responsibility to
manage the affairs of the Society. I believe that I speak for all the
members of the Council that it has been a privilege to be of service to
the Society. All members have served with dedication, and we sincerely
wish to express our utmost appreciation and gratitude to you, for the
honour you bestowed on us.

This is the second Report prepared by this Council, whose term will be
ending during this AGM. This Report will cover activities overseen by
Council over the period between our very successful 2005 Annual
Conference and General Meeting, held in Dar es Salaam in November
2005, which also marked the 10th Anniversary of the Society, and the
2006 AGM.

You will see in this Report that the Council was very proactive during
the period under review, as it was during the year before. The Society,
under the leadership of Council, engaged in a number of activities at
various levels, aimed principally at reaching out to our members,
through various continuing legal education seminars, which covered
various topics of regional significance. You will also see that we were
engaged in high-level advocacy, at the national and regional level within
East Africa, and beyond the region, at the international level as well.




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These activities were in keeping with the overall objectives of the
Society, as well as the 2006 - 2010 Strategic Plan of the Society. They
were aimed at enhancing the professional development of our members,
strengthening the corporate structures of the Society, enhancing the
visibility of the Society and contributing to a more comprehensive and
inclusive regional integration, and a better dispensation of
constitutionalism, democracy and good governance, a just rule of law
and the promotion and protection of human rights.

Let me briefly highlight some of the most significant activities which the
Society took part in. The Society, in conjunction with the Uganda Law
Society, held a Seminar on electoral laws in East Africa, prior to the
February 2006 Uganda Presidential and Parliamentary Elections. The
Seminar was well attended by our members in Uganda, as well as many
local, regional and international election observers. The EALS then
deployed election observers throughout the country. This was the first
election observation exercise that the EALS has done. We learnt a lot of
lessons from the exercise. We are committed that the EALS shall
continue to play the same role, as a well respected non partisan body,
in all future elections in all Partner States of the East African Community.
We continue to urge the Partner States to ensure that their electoral
systems are made transparent, and that a level playing field is ensured
for all political players.

The EALS Council dispatched a high level delegation to Rwanda, where
it conducted high level discussions with the political and judicial
leadership of the country. We also held very useful discussions with the
Kigali Bar Association and other members of Civil Society. A full account
of the mission is contained in this Report.

The highlight event for the EALS in my view was the witnessing of the
first post 1977 litigation in our regional court: the East African Court of
Justice. The Society has been in the forefront of advocating for the
operationalization of the East African Court of Justice. We must give
credit to the East African legislators, among whom are a number of EALS
members, for having instituted the Treaty Reference Application, which
enabled the EACJ to conduct its first litigation. EALS appeared amicus
curiae before the Court. Better details of the Reference are contained in
this Report, and will also be substantively discussed during the
Conference.

The Continuing Legal Education (CLE) Seminars which were conducted
for our members on litigating before the EACJ should enable our
members to begin utilising the Court more proactively and successfully.
While the EALS continues to advocate for the extension of the
jurisdiction of the Court to include appellate and human rights
jurisdictions, let me appeal to all of you, to explore the possibility of
utilising the arbitral and the commercial jurisdiction of the EACJ which
to date remains untapped.



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As we bow out of the Council, we are mindful that there are quite a
number of challenges which continue to be of great concern to our
membership. This Council could not finish the agenda we set ourselves.
However, we are confident that the members in their wisdom will
continue to highlight the most important issues, which Council shall
pursue. I can state with confidence that, while it may appear that the
burning issue of cross border legal practice remains unresolved to the
full satisfaction of many of our members, I am reassured that the
groundwork done so far in terms of the linkages between members, the
publications of case law digests and the Compendium, and proposed
exchanges of junior professionals are likely to build strong and
sustainable bridges between the national Bars and members, as we
continue to deal with the legislative measures at national (Tanzania and
Uganda) and regional levels.

My personal experience tells me, (which I am sure is the same for those
of us who attend these AGMs) that we view each other nowadays more
as East African lawyers than national lawyers. You will agree with me
that the social and psychological barriers are falling down very fast.

Looking at our Society let me pose one of the major challenges which
will continue to face us, and which the membership must address. That
is the prospect and urgent need of ensuring the sustainability of our
programmes. This calls for a major review of how our activities are
funded.

Lastly, let me take this opportunity to pay tribute to my colleagues on
the Council, the CEO, and the entire staff at the Secretariat for their
dedication and the cooperation they extended to me. The camaraderie
spirit that we enjoyed speaks volumes, in terms of the successes that
may be attributed to this Council. I believe that the same shall inform
the incoming Council.

My colleagues, friends, learned Sisters and Brothers, as I prepare to
leave the stage, let me wish you a very enjoyable stay in Kampala, and
hope that you will enjoy reading and discussing the Report, as you also
savour yet again another AGM in Uganda - The Land Blessed by Nature!


Bahame Tom Nyanduga,
PRESIDENT.
28th October, 2006.




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4
1.0 EXECUTIVE SUMMARY

This is the second Report by the fifth governing Council of the East
Africa Law Society. The Report summarises the key activities undertaken
by and under the supervision of the Council since the 2005 Annual
General Meeting, held on 26th November 2005 in Dar es Salaam.
Principally these have been: -

      Four in-country training and dialogue sessions (C.L.E. Seminars);
      Co-hosting of two regional workshops: with the Canadian Bar
      Association on Access to Justice in Eastern Africa, and with the
      Commonwealth Human Rights Initiative on Police Reform in East
      Africa;
      Continued publication of the East African Lawyer magazine;
      Grant of formal Observer Status with the East African Community
      An Amicus Curiae Brief in the first case to be brought before the
      East African Court of Justice;
      A Solidarity Mission to Rwanda;
      A high-level advocacy and dialogue visit to Mombasa, Kenya,
      which incorporated participation at the 2006 Annual Conference of
      the Law Society of Kenya;
      Convening of an Electoral Law Symposium and Observation of the
      February 2006 Uganda Presidential and Parliamentary Elections;
      Continued focus on strategic planning and institutional capacity-
      building for the Society and its Secretariat.

We have continued to develop the Society’s main programmes, i.e.:
  (1) The Professional Development Programme (PDP)
  (2) The (East African) Community Law Programme (CLP)
  (3) The Lake Victoria (Law, Environment and Sustainable
      Development) Programme (LVP)

We have expanded the former Conflict Resolution Programme into a
broader International Co-operation Programme (ICP). While we regret
that the Law and Information Technology Programme (LITE), has not
been very active this year, beyond the expansion of our web-site to
have more content and incorporating a Members’ Database/ Directory,
we have committed ourselves to focus more attention to it in the
reviewed and reaffirmed Strategic Plan.

The full Council met twice this year. The first meeting was held on
Wednesday 9th August 2006 at the Whitesands Hotel, Mombasa and the
last one preceding the 2006 Annual Conference and General Meeting, at
Speke Resort, Munyonyo, Kampala.

This Report also highlights the inroads made towards the holding of an
inaugural East African Civil Society Organisations’ forum to be held in
November this year, shortly before the Summit of Heads of State of the
EAC. It concludes by projecting an outlook for the way forward, to be
steered by the incoming governing Council.


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2.0    MEMBERSHIP ACTIVITIES

2.1    Training and Dialogue (C.L.E.) Seminars
In the course of the year, we held – in partnership with the national Law
Societies – four training and dialogue Seminars, on the theme “Litigation
in the East African Court of Justice”.1 These were rolled out as follows:

Table 1: Participants at the in-country training and dialogue sessions
No Location                                        Numbers
                                                   engaged
1    Nairobi                                       136
     (Sarova Panafric Hotel) Thursday 8
     June 2006
2    Kampala                                       56
     (Africana Hotel) Friday 30 June 2006
3    Zanzibar                                      46
     (Zanzibar Beach Resort) Saturday 15
     July 2006
4    Dar es Salaam                                 56
     (Dar     es    Salaam     International
     Conference Centre) Wednesday 19
     July 2006
Total number of persons engaged to date            294

In total, 294 lawyers and human rights activists attended the four
sessions that took place in the three countries. Each of the sessions: -
   a)     Was co-organized and hosted with the national Law Society, in
          a further endeavour at networking and collaboration;
   b)     Featured high-level EAC participation. Each was opened by a
          judge of the EACJ2. The Registrar of the EACJ3 made the
          keynote presentation in all four Seminars, while the Counsel to
          the EAC4 presented a paper in the Dar es Salaam Seminar.
   c)     Had participation, including paper presentation, from members
          of the East African Legislative Assembly5
   d)     Made comparative reflections between the former vis a vis the
          current East African Court, especially on actual litigation before
          the Courts. We incorporated presentations from senior lawyers


1 These follow on the 7 Seminars we held last year, focusing on the EAC Customs
Union.
2 The President of the Court, Hon. Moijo ole Keiwua opened the Nairobi Seminar; The
Vice President, Hon. Joseph Mulenga opened the Kampala Seminar. Hon. Justice
Augustino Ramadhani opened the Dar es Salaam Seminar, and made a presentation at
the Zanzibar Seminar, which was opened by the Chief Justice of Zanzibar.
3 Hon. Dr. John Eudes Ruhangisa
4 Hon. Wilbert T. K. Kaahwa
5 With the exception of the Kampala Seminar, where the person deputed had to attend
the burial of Hon. Justice Oder, of the Ugandan Supreme Court, who passed away a
few days before the Seminar.


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             who had practised before the former East African Court of
             Appeal.
      e)     Incorporated information and discussions on the zero draft
             Protocol to Operationalize the Extended Jurisdiction of the East
             African Court of Justice. This provided an apt opportunity for
             East African lawyers to learn about and discuss the zero draft
             Protocol, which is bound to profoundly affect law,
             administration of justice and human rights in the region.

We also drew comparative lessons and experiences from the operations
of other regional courts and tribunals such as the COMESA6 Court of
Justice, the ECOWAS7 Court of Justice and the African Commission for
Human and Peoples Rights. This was timely especially in light of the fact
that the Draft Protocol extending the Jurisdiction of the Court could be
approved and opened for signature as early as November this year.

Senior officers of the EAC have hailed the Seminars as a shining
illustration of the power of public-private partnerships in the regional
sphere. Next year’s seminars will focus on the East African Legislative
Assembly, whose second set of MPs are scheduled to commence their
term of office on or about 30th November 2006. Thus those Seminars will
be among the new MPs’ first interactions with the East African citizenry.

2.2   The East African Lawyer Magazine
We have continued to publish and circulate the East African Lawyer
magazine to our members and other key stakeholders. This has
continued to give us a greater voice and visibility, not only amongst
members but also within civil society, professional, trade, diplomatic and
development communities within the East African region and in the
diaspora. We are convinced that it is becoming an ideal medium for
exchange of news and views on constitutionalism, human rights,
regional integration and other matters of interest to East Africans.

We applaud those members who submitted articles or sent letters to the
Editor for publication and urge other members to do the same, to make
the magazine truly a voice of its members.

Meanwhile, we are giving due consideration to launching – in addition
to the magazine – an East African Law Journal, which will publish more
scholarly materials in the region. We invite members to give views on
how this should be undertaken and also volunteer participation in its
editorial organs.

2.3   The Community Law Digests
Our Compendium on the Codes of Legal Practice, Conduct, Ethics and
Etiquette; and the two Case Law Digests (on Constitutional and Tax Law)
have proved to be manifestly beneficial to advocates, academics,
students, policy makers, development practitioners and other
6   Common Market for Eastern and Southern Africa
7   Economic Community of the West African States


                                                                           7
stakeholders within the East African region. Members of the accounting
profession have been especially complimentary of the Tax Law Digest.
We are working on two more Digest, one which we hope to launch
before the end of this year. We are striving to incorporate Rwandan and
other regional case law in them, to add value to members and contribute
to harmonization of law and jurisprudence in the region.

2.4   A Manual for Litigation at the East African Court of Justice
We are also working on a pioneering Manual for Litigation at the East
African Court of Justice, which will combine detailed reflections as well
as practical tools for members pursuing litigation or other forms of
dispute resolution at the Court.


2.5    The EALS Website: www.ealawsociety.org
In the course of the year, we have commissioned an upgrade and other
improvements to our website, to enhance its role as a useful source of
legal information, reflection and dialogue. We have introduced an online
Members’ Directory (which we hope to launch during the 2006 Annual
Conference), upgraded the Online Reading Room with many more
papers, articles and other publications, and enriched it with helpful
research and information links. We therefore, call upon the members to
perenially visit and make use of the site and contribute gainfully to its
further development.

3.0   PUBLIC INTEREST INTERVENTIONS: THE STATE OF THE RULE
OF LAW, HUMAN RIGHTS AND REGIONAL INTEGRATION IN EAST
AFRICA

3.1    Election Observation in Uganda
On 20th February 2006, EALS held a Symposium on the Legal Framework
for Elections in Uganda. This attracted over 200 participants, drawn from
EALS members, members of East African Legislative Assembly (EALA)
and the East African Community (EAC) Secretariat, academia, politicians
and political contenders, regional and international Election Observers
and the media. Hon. Dr. Baddru Kiggundu, Chair of the Electoral
Commission opened the Symposium and delivered the keynote address.
Other speakers included senior staff of the Electoral Commission, a
Commissioner of the Uganda Law Reform Commission, and senior legal
practitioners in Uganda who have handled election petitions. We also
drew comparative lessons and experiences from Kenya, Tanzania
mainland and Zanzibar.

EALS procured accredited as an international election observers, and
deployed a team of 16 Observers, spread out in Northern, Eastern,
Western and Central Uganda. It submitted its Report to the Electoral
Commission and the public. While EALS has carried out pre- and post-
electoral interventions and media monitoring of elections, this was the
first time it actually procured accreditation and monitoring elections in a
Partner State. We intend to continue this in all future elections in the


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EAC Partner States. One of the valuable lessons learnt was that, in order
to make a valuable input and speak authoritatively about the election
process, we need to engage more robustly from the early stages of the
election, starting with voter registration, through the campaign period,
the election day and into the immediate post-election period.

3.2    Observer Status with the EAC
EALS was formally granted Observer Status at the East African
Community in April 2006. Following this achievement, the EALS was
participated in the last East African Community Summit of the Heads of
State held in May 2005, and in several other EAC activities thereafter.

3.3     Regional Workshop on Access to Justice in Eastern Africa
(Co-convened with the Canadian Bar Association (CBA), and hosted by
the Zanzibar Law Society (ZLS)
We co-convened, with the CBA, an Eastern African Access to Justice
Workshop, in May 2006, in Zanzibar. ZLS locally hosted the Workshop.
We went beyond just the law societies and also secured participants
from human rights NGOs, from Ethiopia, Kenya, Rwanda, Tanzania
(including Zanzibar) and Uganda. We also incorporated external
facilitators/ resource persons from Canada, Malaysia, Nigeria and South
Africa. The workshop, which featured presentations from almost all of
the organizations represented, explored in great detail the various public
legal education, legal aid, pro bono, access to justice and other
advocacy programmes that exist in the region. It also incorporated
comparative experiences from Western and Southern Africa, Malaysia
and Canada. Ultimately, EALS was requested to act as the focal point
and nerve centre for a fledgling Eastern Africa Access to Justice Network
that was established at the meeting.

Meanwhile we are exploring further avenues of collaboration and joint
activity with CBA, especially on building the capacity of the law
societies in the region, to be able to better serve members and the
general public.

3.4   The People, the Police, the Politics: Roundtable on Police Reform
      in East Africa
      (Co-convened with the Commonwealth Human Rights Initiative
(CHRI)
We co-hosted, with CHRI, this Roundtable Workshop, in Arusha, in June
2006. CHRI has been undertaking a global project on policing and police
reform within countries of the Commonwealth. The project has had an
active East Africa component for the last three years. EALS has been
collaborating with the principal actors in the project, including the CHRI
Head Office in India and the research staff in East Africa. Its Objectives
were to: -

      Launch research reports on policing for Kenya, Uganda and Tanzania
      Create an opportunity to bring together key people from the three
      Partner States to discuss police accountability and also to share


                                                                        9
    experiences from outside of the region8 as to accountability
    structures and processes that could be of assistance to us
    Try and foster a way forward for police reform in the region,
    especially a partnership with the legal profession and civil society on
    police reform

The intervention attracted participation and representation from the
Partner States’ police forces, judiciaries, Justice Ministries, Attorney
Generals’ Chambers and public prosecutions agencies, national Human
Rights institutions, the Law societies, the private sector and civil society.
At the end of the workshop, the participants agreed on a set of
resolutions and steps on the way forward on police reform in East
Africa.

We are happy to play a central role in this intervention since police
accountability has been a recurrent theme that has occupied many
actors, including the four national law societies that make up the
institutional membership of EALS.9 Meanwhile we are exploring further
avenues of collaboration and joint activity with CHRI, especially on
matters of law and human rights in the region.

3.5    Solidarity Mission to Rwanda
A high-level delegation of EALS Council Members and senior Secretariat
staff undertook a Solidarity Mission into Rwanda between 2nd and 6th
July 2006.

The Purpose of the Mission
The purpose of the Mission was to: -

    1.     Interact with and learn about the human rights situation and
           the legal profession in Rwanda, and the Kigali Bar Association,
           WITH A VIEW TO proposing the incorporation of the Kigali
           Bar Association into the East Africa Law Society, as a full
           member with all the rights and privileges.




8 There were additional presentations from/ about Western Africa, India and the larger
Commonwealth.
9 In Tanzania, extra judicial killings by the Police sparked a huge public uproar and
motivated the new President, H.E. Jakaya Kikwete to establish a Judicial Commission of
Inquiry that has, among other things, led to the commencement of murder prosecutions
against some police officers. In Kenya, the conduct of covert police units, especially
their brazen attack on media houses has caused a similar public outburst, forcing the
President, H.E. Mwai Kibaki, to also establish a Commission of Inquiry. In both Uganda
and Zanzibar, the role of the police in the democratic process, especially in elections,
has come under increasing scrutiny. EALS, the Uganda Law Society and the Zanzibar
Law Society have all issued strong statements on this. Since mid-last year, EALS has
undertaken a Fact-finding Mission to Zanzibar, and an Election Observation Mission to
Uganda, while ULS has successfully argued a constitutional application challenging the
attempt by military courts’ martial to oust the jurisdiction of the High Court in cases
essentially emanating from national politics.


                                                                                     10
   2.      Interact with Rwandan government, private sector, civil society
           and academia WITH A VIEW TO actively promoting the
           inclusion of Rwanda in the East African Community.10
   3.      Share information about the East African Community with
           members of the legal profession and civil society in Rwanda in
           a round-table seminar.

The EALS Council took the opportunity to formally invite the Kigali Bar
Association and its members to our 2006 Annual Conference and General
Meeting. We also extended an invitation to a representative sample of
Rwandan civil society organizations to the inaugural annual East African
Civil Society Forum, which will be organized by EALS in November
2006, in Arusha, Tanzania.

The Achievements of the Mission
We held cordial and comprehensive discussions with various people in
different capacities, including: -

   1.      H.E. Paul Kagame, President of the Republic of Rwanda
   2.      The President of the Senate of the Republic of Rwanda
   3.      The Deputy Speaker of the Chamber of Deputies of the
           Republic of Rwanda
   4.      Hon. Ms. Cyanzira Aloysie, Chief Justice of the Republic of
           Rwanda
   5.      Hon. Ms. Mukabagwiza Edda, Minister for Justice of the
           Republic of Rwanda
   6.      The Deputy Chief Justice of the Republic of Rwanda
   7.      The President of the High Court of the Republic of Rwanda
   8.      Hon. Bernard Ngoga, Prosecutor General of Rwanda
   9.      Mr. Richard Mugisha, Head of the Business Law Reform Task
           Force in the Ministry of Justice
   10.     Mr. Nkurunziza Williams, Director General of the Rwanda
           Investment and Export Promotion Agency (RIEPA)
   11.     Mr. Bayigamba Robert, Chairman of the Rwanda Private Sector
           Federation, the umbrella organization that brings together all
           the professional, commerce, trade union, co-operative and civil
           society organizations in Rwanda.

The EALS Delegation and the Kigali Bar Association also jointly hosted a
Dialogue Seminar on Law, Human Rights and Regional Integration, at the
Hotel Des Milles Collines on 5th July 2006. We were able to interact with
a broad diversity of Rwandan Society, including representatives of
various human rights and civil society organizations, lawyers, members
of the media, and also representatives of the Faculty of Law at the
National University, Butare11 and the Institute for Legal Practice and

10 NB: EALS has formal Observer Status with the EAC and was the first civil society
institution to actively advocate for the admission of Rwanda into the EAC. Part of the
objectives of the Solidarity Mission was to visibly demonstrate our support for the
above.
11 Mr. Aimable Havugiyaremye




                                                                                   11
Development at Nyanza, Butare12. There was a very useful exchange of
information and ideas from all the participants.

The Mission also attracted extensive coverage locally, and increased the
profile of both EALS as well as its objectives of regional integration and
regionalisation of human rights.

We will undertake a similar mission to Burundi in the near future,
bearing in mind that Burundi, like Rwanda, is due to be admitted into
the East African Community, and it will thus be natural that their legal
and judicial fraternity be integrated into the East African regional legal
system.

3.6    Amicus Curiae Litigation at the East African Court of Justice
EALS successfully applied for, and participated as Amicus Curiae (a
friend of the Court) in the first-ever matter to be filed and argued before
the East African Court of Justice (EACJ). This was in EACJ Application
No. 1 of 2005: Calist Andrew Mwatela, Lydia Wanyoto Mutende and
Isaac Abraham Sepetu versus the East African Community.

The Applicants, all members of the inaugural East African Legislative
Assembly (EALA) instituted a Treaty Reference Application, against the
Council of Ministers of the EAC, in December 2005. They argued that the
EAC Council of Ministers is interfering with the regional legislature’s
prerogative to enact laws for benefit of East Africans, contrary to the
EAC Treaty as well as the cardinal constitutional principle of separation
of powers. The three litigants, Mwatela, a Kenyan, Mutende (Ugandan)
and Sepetu (a Tanzanian, from Zanzibar) were represented by four of
their parliamentary colleagues, Dan Wandera Ogalo, Med Kaggwa,
Mabere Marando and Sarah Bagalaaliwo, who are all advocates. Prof.
Frederick Ssempebwa led the team.13

The Court delivered its landmark Judgement on 4th October 2006, in
which it, among other things: -
      Reasserted the principle of separation of powers (institutional
      balance) between the key organs of the EAC, thereby
      enlightening, empowering and emboldening the various EAC
      organs (not just the Assembly) as they go about in their mission of
      delivering a meaningful, beneficial and people-centred integration
      for the people of East Africa.




12  Hon. Johnston Busingye, former Secretary General of the Ministry of Justice
13  Prof. Ssempebwa is immediate past President of EALS, and has significant experience
litigating in the COMESA Court of Justice and other international tribunals.


                                                                                    12
       Annulled the EAC Sectoral Committee on Legal and Judicial Affairs
       on the basis that it was improperly constituted.14
       Reiterated that the only way to withdraw Motions (including Bills)
       already before the House is by a fresh Motion; neither a letter
       from the Secretary General nor a Ministerial Statement on the floor
       of the House suffice.
       Further reiterated that the Council of Ministers cannot bind or
       override the Assembly on matters touching on or before the
       Assembly. In such matters, both the Council and the Assembly are
       bound by the latter’s Rules of Procedure.
       Formally acknowledged and complimented the participation of
       EALS

Both the case, and the Court’s ruling, is monumental in its implications
and ramifications, and its reverberations will positively affect the rule of
law in East Africa for a long time. Among other things, it has set a strong
precedent that the national Judiciaries (and legislatures) ought to follow,
especially in interceding between the powerful organs of State and the
citizens.

The major significance of our participation is that we persuaded the
Court to go beyond the narrow confines of the written provisions of the
Treaty for the Establishment of the East African Community (EACT). We
moved it to grasp its inherent powers, as a Court of Justice, and
interpret the Treaty broadly and purposively, thus expanding its scope.
In an unprecedented, decisive step, it established a category of
participation in proceedings before it as Amicus Curiae (a Friend of the
Court). Previously the Treaty only allowed a third party (being neither
the Plaintiff/ Applicant nor the Defendant/ Respondent) to apply to
participate as an “Intervener.” This required the Intervener to choose
sides, supporting either the Plaintiff or the Applicant. In a bold stroke,
the Court ruled that it is in the interests of justice that EALS be allowed
as impartial Amicus Curiae, whereby it can impartially assist the Court to
arrive at the best decision in the circumstances without having to be
beholden to either of the litigants. This opens the gates for other
citizens’ groups to pursue a similar line in future cases, in keeping with
current best practice worldwide.

The EALS legal team was headed by its President, Bahame Tom
Nyanduga and consisted of its Chief Executive Officer, Donald Deya; Mr.

14
  In practice, that Sectoral Council is composed of the Attorneys General of Kenya,
Tanzania and Uganda. The Treaty says that Sectoral Councils should be composed of
Ministers of the Partner States. The Ugandan Constitution establishes the Attorney
General as a Minister in the Cabinet. While the Kenyan Constitution does not make the
Attorney General a Minister, a law subsidiary to it (the Interpretation and General
Provisions Act) includes the Attorney General in the definition of a Minister. Neither
the Constitution nor any law in Tanzania designates its Attorney General as a Minister.
The Court ruled that since the Council’s own Rules of Procedure stipulate that quorum
for Council Sessions (which include Sectoral Council sessions) shall be ALL Partner
States’ representation, the Sectoral Council was incompletely constituted because the
Tanzanian Attorney General was not competent to sit as a Minister.


                                                                                    13
Nassor Mohammed (an EALS Council Member from Zanzibar) and Mr.
Alex Mgongolwa (a human rights lawyer from Dar es Salaam.)

With this Judgement, the ground has been broken, and the pace of filing
more precedent-setting cases in various fields such as cross-border
commerce, constitutional and human rights and regional integration
generally will increase. We challenge our members to avail themselves
of the opportunities presented for dispute resolution and public interest
litigation in the EACJ. This Judgement will also provide practical impetus
to the campaign by, among others the EALS, to extend the jurisdiction of
EACJ, especially to encompass a final appellate jurisdiction in all matters
and also original jurisdiction in human rights.

3.7    High-Level Advocacy and Dialogue Initiatives
The governing Council and senior staff of EALS undertook a high-level
dialogue visit to Mombasa, Kenya in August 2006. As is its tradition, it
held a number of high-level meetings with key policy and decision-
makers in government public institutions.

We were able to meet and interact with: -
     Hon. (Ms.) Martha Wangari Karua, Minister for Justice and
     Constitutional Affairs of the Republic of Kenya
     Hon. Morris Dzoro, Minister for Tourism and Wildlife of the
     Republic of Kenya
     Hon. Thomas Sergon, Resident Judge, High Court of Kenya at
     Mombasa
     Ms. Nancy Karigithu15, Director General, Kenya Maritime Authority
     Mr. Abdalla Mwaruwa, Managing Director, Kenya Ports Authority

The objective of these Advocacy and Dialogue Initiatives16 is to engage
law, policy and decision-makers in: -
      Issues relating to constitutionalism, democracy and good
      governance, the just rule of law and protection and promotion of
      human rights, so as to help improve the lives, opportunities,
      freedoms and responsibilities of East Africans.
      Issues of economic, social and cultural development and
      commerce, so as to help improve the lives and livelihoods of East
      Africans, especially the poor and vulnerable in society.
      To promote meaningful, people-centred and people-driven
      regional integration in East Africa.
      Measures to mainstream democracy and human rights in regional
      integration and in the daily lives of East Africans.
      Highlighting and discussing any concerns or reservations that we
      may have with regard to any of the above issues, and proffering
      practical solutions or options.

15Advocate
16Last year, we similarly engaged the President, Chief Justice, Speaker and Chair of the
National Human Rights Commission in Uganda; the Vice President, Attorney General
and Chair of the Electoral Commission in Kenya; and the Chief Justice and Minister for
Foreign Affairs in Tanzania, among others.


                                                                                     14
In the Mombasa meetings, we raised a number of issues, including: -
       The central place of the Port of Mombasa in regional trade and
       integration, as the premier gateway to East Africa and part of the
       Great Lakes region. In this regard, we focussed on maritime safety
       and security, especially in the light of terrorism and piracy, but
       also issues of sea-worthiness of vessels plying the East African
       coast.
       The efforts to domesticate and implement the various international
       maritime conventions that the EAC Partner States are signatory to.
       We further highlighted capacity issues of the Kenya Ports
       Authority.
       The recent Memorandum of Understanding by the Ministers of
       Tourism of the EAC treating and marketing East Africa as a single
       tourist destination, especially the need to establish regional
       centres of excellence for training and capacity-building in hotel,
       tourism and wildlife management.
       The continuing war against corruption, especially in the executive
       and judicial organs of the Kenyan government.

The EALS Council and staff also attended the 2006 Law Society of Kenya
(LSK) Annual Conference, which took place around the same time.17

4.0     THE EALS SECRETARIAT

4.1    Development Partner-mandated Evaluation Exercises
In the course of the year, EALS participated in two evaluation exercises,
organized by its key development partners: the Canadian International
Development Agency (CIDA) and the Swedish International
Development Co-operation Agency (SIDA). CIDA supports Bar
development and capacity-building initiatives, through the Canadian Bar
Association (CBA), while SIDA supports our flagship advocacy
programme, the (East African) Community Law Programme. We have
already received the SIDA Evaluation Report and still await the CIDA
Report. The former had several complimentary things to say about the
work of EALS – especially its research and publications, and pioneering
educational and advocacy work around the EAC – as well as some
proposals on how to strengthen programme design and delivery. It has
been extremely useful in providing a forum for objective analysis and
further dialogue on the effectiveness and efficiency of our programmes
and activities.

We have strategically resolved to approach the evaluative exercises as
well as the various collaborative and networking initiatives described
below, as capacity-building interventions.

4.2    Capacity building

17 The EALS CEO discussed the EAC and the zero Draft Protocol to Operationalize the
Extended Jurisdiction of the East African Court of Justice at the said LSK Conference.


                                                                                   15
EALS is working with the East African Support Unit for NGOs (EASUN)18
and M/S Projects and Allied Consultants Ltd19 on further elaborating our
Strategic Plan (2006 -2010), developing comprehensive Human
Resources and Administration Principles, Policies and Procedures,
formulating broad policies addressing diversity, gender and HIV/AIDS
issues in the organization, and otherwise strengthening staff capacity in
programme conceptualization, design, formulation, proposal-writing and
fund-raising. This includes working towards costing our 5-year strategic
plan and convening a donor round-table to push for basket-funding (as
opposed to a multiplicity of individual project funding). It will also
entail a staff capacity audit with a view to formulating a staff training
plan.

4.3    Internship
We have continued with develop our internship programme, which
attracts law students and young lawyers from within East Africa and
further afield. In the course of the year, we have hosted four different
interns, coming at different times for periods ranging between two to six
months. These include:
    a) Ms. Ganga Chengappa, a visiting graduate from Middlebury
       College, USA
    b) Ms. Juliana Kitwika, an undergraduate student from Makerere
       University, Kampala
    c) Mr. Sean O’Neill, an undergraduate student from Bishops
       University, Canada
    d) Mr. François Jocelyn Godbout, a young lawyer from Canada,
       assigned to us by the Canadian Bar Association

While learning, the Interns also help the Secretariat in carrying out
membership and programme activities. We are exploring ways of
establishing an Internship budget line that will enable us to host more
interns from the Partner States and the larger East African region. The
EALS Professional Development Committee is also exploring the
possibility of establishing a Young Advocate Exchange Programme,
whereby young advocates already employed by law firms will be
seconded for brief periods to counterpart law firms in the Sister States in
order to learn and exchange experiences in best practices.




18   Of Arusha, Tanzania
19   Of Nairobi, Kenya


                                                                        16
17
EAST AFRICAN LAW SOCIETY
STRATEGIC PLAN 2006 - 2010



  1. Vision and mission of EALS
  2. Strategy Map
  3. Strategic Objectives




                                  18
              VISION AND MISSION STATEMENTS OF EALS

Vision
Rule of law and justice for all in an integrated East African region.

Mission
Upholding justice through advocacy for human rights, rule of law and
social responsibility in political and social institutions of governance. To
achieve these aims, EALS shall actively lobby for enabling legislation in
the EAC partner states, while insisting on the highest ethical standards in
the professional practice of its members. We shall seek further support
of these efforts through strategic partnerships within civil society, in
order to promote people’s growing choices and ability to access legal
services throughout the East African region.

THE STRATEGIC PLAN

STRATEGY MAP
The strategic planning process ended with the development of a strategy
map that would guide the activity planning for five years, staring with
2006. The map includes six prioritized driving forces (opportunities and
threats), functional areas of EALS, strategic response to the driving
forces and expected results of each functional area, as well as indicators
of achievement related to each driving force.


The strategic objectives shown after the strategy map were derived from
the strategic responses of each functional area.

(See strategy map below)




                                                                         19
                                                      EAST AFRICAN LAW SOCIETY (EALS)

                                                               STRATEGY MAP 2006-2010
                                                           DRIVING FORCES IN THE ENVIRONMENT OF EALS
                   1) Advocacy for        2) Undefined          3) Strategic          4). Clear systems, 5) A similar legal         6) Lack of
                   constitutional &       mutuality of interest networking with       structure, and        background in the       institutional
                   legislative reforms    is hampering          EAC and related       necessary skills will EAC Partner States      framework for          KEY RESULTS
FUNCTIONAL         is essential for       solidarity and self-  regional institutions promote efficient     will facilitate         cross-border           OF EACH
AREAS OF EALS      EALS to promote        determination of      will enable effective execution of the      harmonization of        practice hinders       FUNCTIONAL
                   the rule of law,       human rights          advocacy for          society’s activities. laws and legal          citizens’ choices of   AREA
                   human rights and       organizations in EA regional integration                          training.               needed legal           STRATEGIES
                   regional integration                                                                                             services in the
                                                                                                                                    region

A. HUMAN RIGHTS A1. Undertake             A2. Develop           A3. Formulate a       A4. Constantly         A5. Lobby for          A6. Propose            Legislation and
AND RULE OF     public interest           activities for        plan for joint        advocate for           standardization of     appropriate            governance
LAW             litigation, develop       solidarity work and   lobbying of EAC on    human rights,          training and           legislation            practices are
                human rights and          exchange with         human rights          gender equality and    common legislation     framework for          changing towards
                advocacy                  other human rights    issues.               internal democracy     on human rights in     cross-practice.        increased
                programmes and            institutions.                               in EALS.               EAC Partner                                   observation of
                engage in                                                                                    States.                                       human rights and
                legislative and                                                                                                                            the rule of law in
                constitutional law                                                                                                                         East Africa.
                reform processes.

B. CROSS           B1.                    B2.                   B3. Develop a pilot   B4. Develop a          B5. Lobby for          B6. Formulate a        Region-wide
BORDER                                                          EACJ litigation       membership             harmonization of       mobility agreement     institutional
PRACTICE                                                        plan.                 database               pre-admission          signed by the five     frameworks and
                                                                                      highlighting diverse   training, admission    law societies (on      shared practice
                                                                                      legal professional     criteria and ethical   implementing cross     are increasing
                                                                                      competencies in        standards.             border practice).      people’s
                                                                                      the EAC partner                                                      unbounded
                                                                                      countries.                                                           choices of legal
                                                                                                                                                           services across



                                                                                                                                                           20
                                                                                                                                                    the member states

C. REGIONAL    C1. Lobby              C2. Establish          C3. Develop an          C4. Implement a      C5. Lobby for       C6. Lobby law and     Institutional
INTEGRATION    government             networking policies    advocacy plan for       regional diversity   harmonization of    policy makers of      collaboration is
               organs, regional       and plans to form a    domestication of        policy at the        laws by Partner     the Partner States    established to
               and international      clear strategy for     EAC laws.               secretariat.         States.             to enact laws that    lobby for
               organizations to       advancing regional                                                                      enable cross-         constitutions,
               support necessary      integration.                                                                            border practice.      legislation and
               constitutional and                                                                                                                   other legal
               legislative reforms.                                                                                                                 instruments that
                                                                                                                                                    will fast track
                                                                                                                                                    regional
                                                                                                                                                    integration.


D. INTERNAL    D1.                    D2. Develop a          D3. Strengthen the      D4. Develop and      D5                  D6. Manage            Systems and
GOVERNANCE                            fundraising strategy   ability of committee    install necessary                        effective referrals   structures of EALS
                                      that ensures the       on regional             systems and                              and exchange of       are functioning
                                      sustainability of      integration to liaise   procedures to                            advocates listed in   well to support
                                      EALS programmes        with EAC                support EALS work                        the EALS directory.   advocacy and
                                                             secretariat.            and ethos.                                                     members’
                                                                                                                                                    professional
                                                                                                                                                    development
                                                                                                                                                    needs.

E.             E1. Provide            E2. Formulate and      E3. Collaborate         E4. Train staff in   E5. Intensify CLE   E6. Harmonize         Legal service
PROFESSIONAL   members with           implement policies     with EAC to provide     leadership, team     workshops.          codes of conduct      provision in the
DEVELOPMENT    training and           to ensure members      training on matters     learning and                             for lawyers in the    region is
               relevant               maintain ethics in     pertaining to EAC       various                                  EAC countries.        demonstrating
               publications on        client relations.      organs and              management                                                     both professional
               constitutional and                            legislation.            related skills.                                                responsibility to
               human rights laws.                                                                                                                   clients and to the
                                                                                                                                                    political and
                                                                                                                                                    human



                                                                                                                                                    21
                                                                                                                                                      development
                                                                                                                                                      concerns in the
                                                                                                                                                      EAC framework.

INDICATORS OF    New policies and      Bar Associations       .EAC legal             Structure and        Common legislation     Legal provisions,
IMPACT ON        laws are creating a   and other civil        institutions and       values of EALS are   on human rights,       formal agreements
DRIVING FORCES   conducive political   society actors are     processes are          aligned to the       similar professional   among the five Bar
                 environment for       consistently           institutionalized in   conceptual           standards and          Associations,
                 people’s rights,      responding to          each partner state     frameworks of        harmonized laws.       standardized
                 including the         solidarity events      and liaising with      human rights, team                          codes of conduct
                 freedom of            organized to clarify   civil society          work and                                    for lawyers and
                 movement and          issues of mutual       organizations.         professionalism in                          EALS information
                 employment in the     interest                                      legal practice and                          systems are all in
                 EAC Partner                                                         organizational                              place, increasing
                 States                                                              management.                                 the viability of
                                                                                                                                 CBP.




                                                                                                                                                      22
                      STRATEGIC OBJECTIVES OF EALS


FUNCTIONAL AREAS OF      STRATEGIC OBJECTIVES           KEY RESULTS EXPECTED
EALS

A. HUMAN RIGHTS AND      1. Mobilizing for joint         - Legislation and
RULE OF LAW              action towards legal           governance practices are
                         reforms and organizational     supporting human rights
                         practices that promote the     and rule of law in the
                         observation of human           region;
                         rights in East Africa.

B. CROSS-BORDER          2. Exchanging information - Increased choices for
PRACTICE                 on legal service           legal services across the
                         opportunities available in E.A. member states
                         East Africa and
                         benchmarking professional
                         development standards for
                         effective management of
                         cross-border practice.

C. REGIONAL              3. Participating in             - Favourable constitutions
INTEGRATION              solidarity networks that       and other legal
                         lobby for legal reforms        instruments are speeding
                         and harmonization              up regional integration
                         procedures to advance          processes.
                         effective regional
                         integration.

D. INTERNAL              4. Building and                - Advocacy and support of
GOVERNANCE               maintaining internal           members’ professional
                         systems and capacities for     development needs are
                         effective management of        sustained with efficiency.
                         activities and relationships
                         with other organizations.

E. PROFESSIONAL          5. Enabling ongoing            - Professional
DEVELOPMENT              learning and providing         responsibility to clients is
                         guidance for lawyers to        increasingly based on
                         adopt well informed,           ethical standards;
                         proficient and ethical legal   - Legal practice and
                         practices.                     services in the region are
                                                        addressing concerns for
                                                        human rights and human
                                                        development within the
                                                        EA Cooperation
                                                        framework




                                                                            23
Annex 1 – Notice for the 2006 Annual General Meeting of the Society
Ref: AGM 1/ 2006
1st September 2006

TO: ALL MEMBERS - EAST AFRICA LAW SOCIETY
NOTICE IS HEREBY GIVEN pursuant to Article 6 of the Articles of
Association of the East Africa Law Society that the ANNUAL GENERAL
MEETING FOR THE YEAR 2006 shall be held at 11.00 a.m. on Saturday
28th October 2006 at the Victoria Ballroom, Speke Resort and Country
Lodge, Munyonyo, Kampala, Uganda and that the business to be
transacted there shall be as set out below: -

AGENDA
1. The Secretary General to read the Notice convening the Meeting.
2. Recognition of Dignitaries and Observers Present.
3. Silence in tribute to Members departed.
4. Confirmation of the Minutes of the Annual General Meeting held on
    26th November 2005.
5. Matters arising from the Minutes in item 4.
6. Report of the Governing Council (Board).
7. Report of the Hon. Treasurer.
8. Report on the Audited Accounts and Balance Sheets for the year
    2005.
9. Appointment/ Reappointment of Auditors. ??
10. Presentation of the 2006 – 2010 Strategic Plan.
11. Elections of the new governing council.
12. Any Other Business which may be admitted in accordance with the
    Memorandum and Articles of Association of the East Africa Law
    Society.

FURTHER NOTICE IS HEREBY GIVEN that the Annual General Meeting
aforementioned shall be preceded by the Annual Conference of the East
Africa Law Society, under the theme “Business, Law and Human Rights
in the East African Region”, which shall be held from 8.00 a.m. on Friday
27th October 2006 at the same venue.

DATED AND SIGNED AT KAMPALA, UGANDA THIS 1st DAY OF
SEPTEMBER 2006.

BY ORDER OF THE GOVERNING COUNCIL (BOARD) OF THE EAST
AFRICA LAW SOCIETY.


________________________




                                                                      24
CHEBORION BARISHAKI
Honorary Secretary General




                             25
Annex 3
PARTICIPANTS - 2005 ANNUAL CONFERENCE AND GENERAL MEETING
OF THE EAST AFRICA LAW SOCIETY, MOEVENPICK ROYAL PALM
HOTEL, DAR ES SALAAM, TANZANIA

KENYA

  1. Abida Ali
  2. Adams Muthama
  3. Aloice Obunga
  4. Angela Kingodo
  5. Anne Amadi
  6. Anne Ngugi
  7. Anne Omollo
  8. Anthony Muriithi
  9. Beatrice Mathenge
  10. Beatrice Meso
  11. Beauttah Siganga
  12. Bernard Njoroge
  13. Bibiana Mwongeli
  14. Boniface Njiru
  15. Caleb Manase
  16. Caroline A. Ouma
  17. Caesar Wanjao
  18. Charles Onyango
  19. Christine Kipsang
  20. Christine Ochieng
  21. Christopher Kimamo
  22. Cliff Ombeta
  23. Cyril Wayongo
  24. David Mongeri
  25. Denis Magari
  26. Dick Anyul
  27. Dominic Rono
  28. E.M. Juma
  29. Eboso Mweresa
  30. Elizabeth Munyari
  31. Eric Ngeno
  32. Eric Ogola
  33. Eric Omariba
  34. Erick Mogeni
  35. Erick Mutua
  36. Evans Monari
  37. Fidelis Musembi
  38. Fred Adhoch
  39. Gideon Odongo
  40. Gekonga Momanyi
  41. Geoffrey Yogo
  42. George Mogaka
  43. Gerry Gitonga
  44. Gladys Taraiya
  45. Godfrey Mutubia


                                                       26
46. Grace Awino
47. Grace Magunga
48. Grace Nyongesa
49. Henry Aming'a
50. Ikua David
51. Jackie Manani
52. James Githinji
53. Jane I. Ndung'u
54. Jared Bosire
55. Jemimah Keli
56. Job Weloba
57. John Kibuchi
58. Johnson Masinde
59. Joseph Musomba
60. Josephine Omwenga
61. Joy Nyaga
62. Joyce Munene
63. Joyce Wangari
64. Judy Sijeny
65. Justus Nduya
66. Kaari Muciimi
67. Kamotho Waiganjo
68. Konosi Wilfred
69. Katherine Malonza
70. Kenneth Akide
71. Kepha Onyango
72. Kiarie Kariuki
73. Kisilah D. Gor
74. Lawrence Karanja
75. Lenny Kirui
76. Lucy Momanyi
77. Makali
78. Mark Githiru
79. Mathew Itonga
80. Mercy Ndeche
81. Mercy Ngugi
82. Mohammed Khatib
83. Morris Kilonzo
84. Morris Kinyanjui
85. Jude Ragot
86. Mrs. Ragot
87. Muciimi Mbaka
88. Mungai Njeri
89. Muriithi Rinkanya
90. Nancy Karigithu
91. Nancy Njoroge
92. Nathan Kitiwa
93. Ngala Awino
94. Nyamwange Bichange
95. Oluoch Wauna
96. Otiende Amollo
97. Otieno Olola


                         27
  98. Pascal Mbeche
  99. Patrick Ochwa
  100. Paul Kigotho
  101. Paul Mwaniki
  102. Pauline Osino
  103. Peter Kirenga
  104. Richard Onsongo
  105. Rachael Olel
  106. Rodgers Abisai
  107. Rayola Kitonyi
  108. S. S. Ouma
  109. Sally Mbeche
  110. Samson Mbeche
  111. Tom Abuta
  112. Tom Mutei
  113. Vicky Okata
  114. William Mwebi
  115. William Ondieki
  116. Yuvinalis Angima
  117.Zipporah Gichana

TANZANIA (MAINLAND)
  1. Alfred Woiso
  2. Alloys Bahame
  3. Aloysius Mujulizi
   4. Alute S. Mughwai
  5. Ambrose Malamsha
  6. Anita Mary Ngowi
    7. Anita S. Moshi
    8. Athanasia Aloyce Soka
  9. Bahame Tom Nyanduga
  10. Blandina Selle Gogadi
  11. Capt. Projest C. Rutaihwa
  12. Cecilia Boniface
  13. Charles R.B. Rwechungura
  14. Colman Mark Ngalo
  15. Daibu Kambo
  16. Damas Daniel Ndumbaro
  17. Dariah K. Bigeye
  18.David Marco Lema
  19.Deus J. Nyabiri
  20.Deusdedit Simbakalia
  21.Dr.Alex T. Nguluma
  22.Dr.Hawa Sinare
  23.Dr. John Edeus Ruhangisa
  24.Dr.Wilbert B. Kapinga
  25.Dua Mbapila Rwehumbiza
  26. Edgar Mashaka Mfala
  27. Edward George Mtaki
  28. Eliad E. Mndeme
  29. Fauz Twaib
  30. Francis Ronald Mbindi


                                  28
31. Frederick Ringo
32. Genoveva N. Kato
33. Geoffrey Sikira
34. Godson H. Nyange
35. Grace Charles Sabuni
36. Gregory Ndanu
37. Harun Guido Mahundi
38. Hassan Imam Daffa
39. Henry L.N. Chaula
40. Hon. Judge Lawrence Mchome
41. Hon. Wilbert T.K. Kaahwa
42. Ibrahim Mohammed
43.Irene Maira
44.Jane Massey
45.Jessie Stephan Mnguto
46.Joaquine De-Mello
47. Joseph Mpuya
48.Joyce Masele
49.Julius Lugaziya Mutabaazi
50.Kazaura Kokutulage
51.Leila Edith Mgonya
52.Ligate Vupe
 53. Lt. Col. Aloyce S.Laizer
 54. Lucy Sawaya Mandara
 55.Magdalena K. Rwebangira
 56.Margaret Ngasani Ringo
 57. Marijan A. Kizigha
 58. Mark Anthony
 59. MaryJ.E. Munissi
 60.Michael J. T. Ngalo
 61.Moses Maira
 62.Mpale K.Mpoki
 63.Mystica Ngongi Mapunda
 64.Oscar Epapha Msechu
 65.Philip K. Butamo
 66. Raymond Amon Baravuga
 67. Regina K. Sinamtwa
 68. Rosan Mbwambo
 69. Sam Mapande
 70. Samuel Mathiya
 71. Sophia Joseph Lalika
 72. Stephen Magoiga
 73. Suleiman Msangi
 74. Thomas Sipemba Mihayo
 75. Ummy Ally Mwalimu
 76. Upendo Msuya
 77. Victoria B. Mandari
 78. Walter B. Chipeta
 79. Wenceslaus Mutabuzi Rwiza
 80. William Edward Erio




                                 29
UGANDA

  1. Agaba Maguru
  2. Alex Rezida
  3. Andrew Kasirye
  4. Anne Abeja Muhwezi
  5. Arthur Ssempebwa
  6. Barnabas Tumusingize
  7. Bruce Kyerere
  8. Carol Bonabana
  9. Charles Ssemakula Muganwa
  10. Cheborion Barishaki
  11. David Kakuba
  12. David Nambale
  13. Deo Rubumba Nkunzingoma
  14. Deus Byamugisha
  15. Doris Mwangi Njeri
  16. Ebert Byenkya
  17. Elly Rugasira
  18. Enoch Barata
  19. Ernest Sembatya
  20. Ernest Wiltshire Kalibbala
  21. Geoffrey .B. Mutaawe
  22. Helen Obura
  23. Helen Wiltshire
  24. Iga Saidi Bukenya
  25. John M.B Kiwuuwa
  26. Johnson Kwesigabo
  27. Joseph Muhumuza Kaahwa
  28. Jude Thaddeus Otim Atiang'
  29. Kafuko Ntuyo
  30. Kenneth Katarikawe
  31. Lelia Katusiime
  32. Mark .A. Bwengye
  33. Martin Mark Obia
  34. Mike Akampulira
  35. Mike Okua
  36. Moses Adriko
  37. Moses Kimuli
  38. P. Asiimwe
  39. Patricia Basaza Wasswa
  40. Patricia Kahingi
  41. Paul Muhimbura
  42. Peter Mugimbi
  43. Richard Bwiruka
  44. Richard Kiboneka
  45. Richard Okallany
  46. Robinah G. Rwakoojo
  47. Rose Mildred Nassiwa
  48. Sarah Lubega
  49. Sim Katende
  50. Solome Luwaga


                                   30
  51. Stephen Musisi

ZANZIBAR

  1. Abdul Aziz Hamid
  2. Mahadhi J. Maalim
  3. Ali Said Haneni
  4. Chausiku Kafutti Kuya
  5. Gwantwa Mwaisaka
  6. Khamis Mwalim
  7. Mussa Kombo
  8. Nassor Khamis Mohammed
  9. Nayla Ahmed Sultan
  10. Prof. Haroub Othman
  11. Salum Toufiq
  12. Yahya Khamis




                              31
EAST AFRICA LAW SOCIETY
Company Limited by Guarantee

COUNCIL’S REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31 DECEMBER 2005



CONTENTS                                    PAGE


Organization Information                    1

Council’s Report                            2-3

Report of the Auditors                             4

Income Statement                            5

Balance Sheet                                      6

Statement of Changes in Members’ Funds             7

Cash Flow Statement                                8

Notes to the Financial Statements                  9 – 12




EAST AFRICA LAW SOCIETY


                                                            32
Company Limited by Guarantee

COUNCIL’S REPORT AND FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31 DECEMBER 2005


ORGANIZATION INFORMATION


PRINCIPAL PLACE OF ACTIVITIES:         SUITE 212, 2ND FLOOR
                                       NGORONGORO WING, AICC
                                       ARUSHA, TANZANIA

PHYSICAL ADDRESS                   :   SUITE 212, 2ND FLOOR
                                       NGORONGORO WING, AICC
                                       P. O. BOX 6240
                                       ARUSHA, TANZANIA

BANKERS                        :       STANBIC   BANK     (TANZANIA)
LIMITED
                                       P. O. BOX 3062
                                       ARUSHA, TANZANIA

                               :       STANBIC BANK (KENYA) LIMITED
                                       KENYATTA AVENUE BRANCH
                                       NAIROBI, KENYA

                               :       STANBIC    BANK     (UGANDA)
LIMITED
                                       CORPORATE BRANCH KAMPALA
                                       KAMPALA, UGANDA

                                       CRDB BANK
                                       PPF TOWER BRANCH
                                       DAR ES SALAAM, TANZANIA

CHIEF EXECUTIVE OFFICER        :       DONALD DEYA

EXTERNAL AUDITORS              :       KASEGENYA & COMPANY
                                       CORRIDOR AREA, PLOT NO. 25
                                       P. O. BOX 11090
                                       ARUSHA, TANZANIA




EAST AFRICA LAW SOCIETY
Company Limited by Guarantee


                                                                    33
COUNCIL’S REPORT
FOR THE YEAR ENDED 31 DECEMBER 2005

The Council submit their report and the audited financial statements for
the financial year ended 31 December 2005, which show the state of the
affairs of the Society.

1. PRINCIPAL ACTIVITIES

   The East Africa Law Society was established to:
   • Establish relations and exchange expertise and ideas between bar
      associations and law societies and their members including
      members of the law profession;
   • Assist such bar associations and law societies and their members
      to develop and improve their organization structures and services
      to their members thereby enhancing the status of the legal
      profession;
   • Assist members of the legal profession to develop and improve
      their legal services to the public;
   • Advance the science of jurisprudence;
   • Promote, through common study of practical problems, uniformity
      and definition of issues in appropriate fields of law;
   • Promote measures that shall contribute to the improvement and
      efficiency of the administration of justice and adherence to the
      rule of law, and
   • Promote, in the execution of these objects, the principles
      objectives and aims of the East African Community and to co-
      operate with and promote co-ordination among international
      judicial organisations having similar objectives.

2. ESTABLISHMENT

   East Africa Law Society is a company limited by guarantee, under the
   Companies’ Ordinance, Chapter 212 of the Laws of Tanzania. It is
   also registered as a foreign company in Kenya and Uganda.

3. RESULTS

   The results for the period are set out on page 5.




                                                                     34
                    EAST AFRICA LAW SOCIETY
                   Company Limited by Guarantee

                      COUNCIL’S REPORT
4. The members of the Council who served during the period and to the
   date of this report were:

   From 1st January2005 to 31st December 2005
      i. Mr. Bahame Tom Nyanduga            President
     ii. Mr. Andrew Kasirye                 First Vice-President
    iii. Mr. Tom Ojienda             Second Vice-President (Chairman,
         LSK,
                                     w.e.f. 19th March 2005)
    iv. Mr. Cheborion Barishaki             Secretary General
     v. Mr. Alute Mughwai                   First Deputy Secretary
         General
    vi. Mr. James Mwamu                     Second Deputy Secretary
         General
   vii. Mr. Justus Munyithya                Treasurer
  viii. Mr. Bruce Kyerere                   First Deputy Treasurer
    ix. Mr. Charles Rwechungura             Second Deputy Treasurer
     x. Mr. Ahmednasir Abdullahi            Council Member (Chairman,
         LSK,
                                     Until 19th March 2005)
    xi. Mr. Moses Adriko                    Council Member (President,
         ULS)
   xii. Mr. Kibuta Ong’wamuhana             Council Member (President,
         TLS)
  xiii. Mr. Salum Toufiq             Council Member (President, ZLS)
   xiv. Ms. Aisha Bade               Council Member
    xv. Ms. Sarah Lubega             Council Member
   xvi. Ms. Veronica Maina                  Council Member
  xvii. Mr. Nassor Mohamed                  Council Member
 xviii. Ms. Roseline Odede                  Council Member
   xix. Dr. Hawa Sinare              Council Member
    xx. Mr. Barnabas Tumusingize            Council Member
   xxi. Ms. Pamela Tutui             Council Member
  xxii. Ms. Patricia Wasswa                 Council Member

5. AUDITORS

  Kasegenya & Company were appointed to audit this year’s accounts
  and have expressed their willingness to continue in office and are
  eligible for re- appointment.

  By Order of the Finance and Administration Committee




                                                                       35
SECRETARY GENERAL




REPORT OF THE AUDITORS
TO THE COUNCIL MEMBERS OF THE EAST AFRICA LAW SOCIETY

We have audited the financial statements of the East Africa Law Society
for the financial year ended 31 December 2005 set out on pages 5 to 12.
The financial statements are in agreement with the accounting records
and we obtained the information and explanations we considered for
our audit.

RESPECTIVE RESPONSIBILITIES OF THE COUNCIL MEMBERS AND THE
AUDITORS

The financial statements are the responsibility of the Council members.
Our responsibility is to express an opinion on the financial statements
based on our audit.

SCOPE

We conducted our audit in accordance with International Standards on
Auditing. Those standards require that we plan and perform the audit to
obtain reasonable assurance that the financial statements are free of
material misstatement. An audit includes: -

   -      Examining on a test basis evidence supporting the amounts
          and disclosures in the financial statements;
   -      Assessment of the accounting principles used and significant
          estimates made by management; and
   -      Evaluation of the overall financial statement presentation

OPINION

In our opinion, the financial statements, in all material respects, gives a
true and fair view of the state of affairs of the Society as at 31 December
2005 and of its surplus and cash flows for the year then ended in
accordance with the International Financial Reporting Standards and in
compliance with the Companies Ordinance.


Kasegenya & Company
Certified Public Accountants

Arusha



                                                                        36
Date: …………………………




                   37
EAST ARICAN LAW
SOCIETY

Company Limited by Guarantee




INCOME STATEMENT
FOR THE YEAR ENDED 31 DECEMBER, 2005

INCOME                                 Notes           2005       2004
                                                       US$        US$

Grants from SIDA                        2      304,547        335,826

Members' Subscriptions                 2.1     106,462        105,727

Other Income                           2.2     144,378        14,621

                                               555,387        456,174

EXPENDITURE

Administration Expenses                 3      337,189        92,966

Community Law Programme                3.1     358,938        197,727

Audit Costs                                    4,718          2,654

                                               700,845        293,347

SURPLUS / ( DEFICIT ) FOR THE
YEAR                                           (145,458)      162,827




STATEMENT OF ACCUMULATED FUNDS
FOR THE YEAR ENDED 31 DECEMBER, 2005
                                                       US$        US$

Accumulated Fund b/f 01 January 2005           245,226        82,399


Deficit for the year                           (145,458)      162,827
Accumulated Fund c/f 31 December
2005                                           99,768         245,226


Secretary General………………………….                   Date…………………….


Treasurer………………………………                          Date…………………………




                                                                         38
EAST AFRICA LAW SOCIETY
Company Limited by Guarantee

BALANCE     SHEET

AS AT 31 DECEMBER 2005

ASSETS

NON-CURRENT ASSETS                    Note.       2005         2004

Property Plant and equipment           7            61,803        9,645



CURRENT ASSETS
Debtors & Prepayments                  4           152,513      72,070
Cash and Bank balances                 6            20,223     174,953
                                                   172,736     247,023


TOTAL    ASSETS                                    234,539     256,668



MEMBERS' FUNDS AND LIABILITIES

MEMBERS' FUND
Accumulated fund                                    99,768     245,226
Life membership                                         -        1,500
                                                    99,768     246,726

CURRENT LIABILITIES
Creditors and accruals                 5           134,770       9,942

TOTAL MEMBERS' FUND AND LIABILITIES                234,539     256,668




Secretary General………………………….                  Date…………………….



Treasurer………………………………                         Date…………………………




                                                                  39
EAST AFRICA LAW SOCIETY
Company Limited by Guarantee


CASH FLOW STATEMENT FOR THE
YEAR ENDED 31 DECEMBER 2005
                                                          2005             2004
                       NOTE                               US $             US $
CASH FLOW FROM OPERATIONS


Surplus/(Deficit) for the year                          (140,892)       162,827

Depreciation                                            18,771          3,428

Increase in debtors                                     (84,649)        (69,214)

Increase in creditors                                   124,693         1,115

                                                        (3,497)                        -

NET CASH FLOW FROM OPERATION                            (85,574)        98,156


CASH FLOW FROM INVESTING ACTIVITIES

Acquisition of fixed assets                             (69,156)        (7,874)

CASH FROM FINANCING ACTIVITIES

Life membership                                                     -   1,500

Net cash flow from financing activities                             -   1,500


Net increase in cash and cash equivalent                (154,730)       91,782

Cash and cash equivalent at the beginning of the year   174,953         83,171


Cash and cash equivalent at the end of the year         20,223          174,953




                                                                                  40
EAST AFRICA LAW SOCIETY
Company Limited by Guarantee

NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31 DECEMBER 2005

1.   SIGNIFICANT ACCOUNTING POLICIES

     (a) Accounting Convention

         The financial statements have been prepared on a historical
         cost basis of accounting and comply with International
         Financial Reporting Standards.

     (b) Revenue Recognition

         Contributions from members are recognised on an accrual
         basis. Donations and grants received are recognised as income
         when received.

     (c) Property, Plant and Equipment
         Property, plant and equipment are stated at cost, less
         accumulated depreciation and any accumulated impairment
         losses. Depreciation is calculated on straight line basis, at
         annual rates estimated to write off carrying values of the assets
         over their expected useful lives.

         The annual depreciation rates in use are

              –   Office fixtures                   12.5%
              –   Office furniture and equipment            12.5%
              –   Computers                         30.0%
              –   Motor Vehicle                     25.0%

     (d) Foreign Currency Transactions

         Transactions during the year are converted into US Dollars at
         rates ruling at the date of the transaction.          Assets and
         liabilities at the balance sheet date, which are expressed in
         foreign currencies, are translated into US Dollars at rates ruling
         at that date. The resulting differences from conversion and
         translation are dealt with in the Income and Expenditure
         Statement.
     (e) Provisions

         Provisions are made when there is present obligation, as a
         result of past event when it is probable that an outflow of
         resources embodying economic benefit will be required to
         settle the obligations and a reliable estimate can be made for
         the amount of the obligation.


                                                                        41
     (f)   Impairment of Assets

         An assessment is made each balance sheet date to determine
         whether there is objective evidence that an asset or group of
         assets may be impaired. If such evidence exists the estimated
         recoverable amount of that asset is determined and any impair
         loss recognised for the difference between the recognizable
         amount and the carrying amount.
2.    EMPLOYEES
      The average number of employees during the year was 6

3.    CORPORATION
      The Society is registered under Companies Ordinance, CAP 212 as a
      Company Limited by Guarantee.

4.    COMPARATIVES
      Where necessary, comparatives have been reclassified so as to comply with
      the classification in the current period

5.    CURRENCY
      These Financial Statements are presented in United States Dollars (US$)




                                                                                  42
      EAST AFRICAN LAW SOCIETY
      Company Limited by Guarantee

      NOTES TO THE INCOME AND EXPENDITURE STATEMENT
      FOR THE PERIOD ENDED 31 DECEMBER,2005

                                                                                2005                 2004
2     INCOME:                                                                         US$             US$
      Grants from SIDA - CLP 1                                                        181,857         335,826
      Grants from SIDA - CLP 2                                                        122,690                 -
                                                                                      304,547         335,826
2.1   Individual Members' Contributions
      Kenya                                                                            76,145          77,193
      Tanzania                                                                         12,560          13,114
      Uganda                                                                           13,965          13,420
      Zanzibar                                                                           540               -
      Other members (Arusha)                                                             140              -
                                                                                      103,350         103,727
      Institutional members' subscriptions
      Law Society Kenya                                                                 1,111             -
      Tanganyika Law Society                                                            1,000          1,000
      Uganda Law Society                                                                1,000          1,000
                                                                                        3,111          2,000


                                                                                      106,461         105,727


2.2   Other sources of Income:               Tanzania   Uganda       Kenya
      Publications and Material Sales           3,062        -           56             3,118              -
      AC/ AGM 2005 Registration Fees            3,950     8,639        7,245           19,834              -
      AC/ AGM 2005 Donations                    6,822        -            -             6,822              -
      Other Income                                                                    112,364             -
      Discount received from purchases                                                     -             713
      Canadian Bar Association                                                          2,240          10,630
      Exchange / Conversion gain                                                           -           2,175


      AC/AGM 2004 Donations.                                                              -            1,103
                                                                                      144,378          14,621

      TOTAL INCOME                                                                    555,387         456,174




                ADMINISTRATION EXPENSES:                     2005              2004
                Administration expenses Include:

                Audit fees                                   3,000               -

                Depreciation                                 18,771            3,428

                Staff costs                                  157,924           43,943
        3       Office rent


                                                                                                43
                                              9,618     7,200

       Professional and consultancy fees      5,430     3,879

       Transport costs                        8,955     14,579
       Travel and
       accommodation                          10,354    3,440

       Newspaper and magazine                 1,446     1,110

       Communications                         9,352     7,042

       Other subscriptions                    757

       Contingency and miscellaneous          17,072

       Office stationery and consumables      4,180     4,861

       Motor vehicle insurance                1,793

       Office and equipments maintenance      728

       Postage                                1,125     780
       Currency exchange
       loss                                   6,794

       Corporate Social Responsibility        1,163

       Staff capacity building                32

       Staff professional subscriptions       355

       AC / AGM 2005                          74,600

       Societies Capacity Building Workshop   3,620
       Bank charges and commissions                     2654

       Suspense/adjustment                    120       50

                                              337,189   92,966




 4    DEBTORS AND PREPAYMENTS                            2005                2004
4.1   Debtors
      Law Society of Kenya                                    122,890                  -
      Centre for Governance and Development                    3,595                   -
      E.A.Human Rights Institute                               18,880                  -
      Toyota Tanzania Ltd                                         361                  -
      Lion of Tanzania Insurance Ltd                            2,293                  -
                                                              148,019                  -


4.2   Prepayments
      AAR Health Service                                        4,173                3,059
      Lion of Tanzania Insurance Ltd                              345                   -
      Advance payment for vehicle purchases                        -                65,739
      Other prepayments                                            -                 3,272



                                                                        44
                                       4,518        72,070
4.3   Imprest and Staff Debtors

      Amokile Ngewe                       77           -
      Alice Nayebare                    (101)          -
                                         (24)          -
      Total Debtors and Prepayment    152,513       72,070



5     CREDITORS AND ACCRUALS
      Accounts payables                74,248          -
      Loans and Others                 30,857          -
      Accruals                         23,293          -
      AICC - ( Rent )                  3,369        1,425
      Audit fees                        3,000       3,000
      Subscriptions paid in Advance        -        4,660
      Over expenditure                     -          857
                                      134,767       9,942




      6 CASH AND BANK BALANCES

      Stanbic Bank                        2005         2004

      Arusha US$ Account                  3,650        135,021

      Arusha TShs Account                 372          1,930

      Nairobi US$ Account - 1             928          2,883

      Nairobi US$ Account - 2             377          1,779

      Nairobi KSh. Account                (68)         (4,440)

      Kampala US$ Account                 3,897        14,563

      Kampala UShs Account                812          1,079


      DSM - CRDB Bank US$ Account         10,121       21,986

      Petty Cash                          133          152

                                          20,223       174,953




                                               45
EAST AFRICA LAW SOCIETY
INCOME FOR THE PERIOD 2002 -2006 (FIGURES IN USD THOUSANDS)
                     Year 2002       2003     2004   2005                                        TOTAL

GRANTS                                                 57          149        336        305            847
MEMBERS’ SUBSCRIPTIONS                                 56           70        106        106            338
OTHER SOURCES                                           6            4         14        144            168




TOTAL                                                119           223        456        555        1353




                                    EAST AFRICAN LAW SOCIETY
                                 INCOME FOR THE PERIOD 2002 -2005
                                     (Figures in Thousands US$)



                                           336.00
   350
                                                            305.00

   300



   250



   200
                         149.00                                      144.00     GRANTS (SIDA)
                                                                                MEMBERS SUBSCRIPTIONS
   150                                                                          OTHER SOURCES
                                              106.00           106.00


   100                          70.00
          57.00
              56.00


    50                                              14.00
                  6.00              4.00

    0
         2002            2003              2004             2005
                                    YEAR




                                                                                                   46
Property, Plant and Equipment
Note: 7
                                                      Office
                          Office         Office      Equip.&    Motor
   DESCRIPTIONS          Fixtures      Furniture    Computer   Vehicle        TOTAL
     Depr. Rate          12.50%         12.50%       30.00%     25%
       COST               USD $         USD $         USD $    USD $          USD $

At 01.01.05                 1,979     6,453        7,913                      16,345

Additions                             1,070        1,611       66,475         69,156

Adjustments                      -    1,675        1,675          -              -

At 31.12.05                 1,979     5,848        11,199      66,475         85,501

DEPRECIATION

At 01.01.05                     495   2,877        3,328          -            6,700

Charge for the year             247   731          3,360       15,234         19,572

Adjustments                      83   1,696        795            -            2,574

At 31.12.05                     659   1,912        5,893       15,234         23,698

NET BOOK VALUE

At 31.12.05                 1,320     3,936        5,306       51,241         61,803


At 31.12.04                 1,484     3,576        4,585          -            9,645




                                                                         47

				
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