IN THE EAST AFRICAN COURT OF JUSTICE
AT OLDONYO
REFERENCE NO……. OF 2023
IN THE MATTER OF VIOLATION OF FUNDAMENTAL HUMAN RIGHTS BY THE
GOVERNMENT OF REPUBLIC OF KIBABE
BETWEEN
THE KIBABE COMMISSION FOR HUMAN
RIGHTS AND GOOD GOVERNANCE………………………………….….....APPLICANT
AND
THE ATTORNEY GENERAL OF THE REPUBLIC OF KIBABE
BEING SUED ON BEHALF OF THE REPUBLIC OF KIBABE………….
RESPONDENT
REFERENCE
(Made under Articles 14, 18, 21, 22, 24, 27 and 29 of the constitution of the republic of
Kibabe of 1977; read together with Articles 6(d), 7(2), 27, 30 and 38 of the Treaty for
the Establishment of the East African Community; read together with Articles 3, 4, 5, 6,
9, 14, 16 18(1) and 18(2) of the African Charter on Human and Peoples᾽ Rights; and
Rules 11 and 25 of East African Community Court of Justice Rules of Procedure, 2019).
a) The Applicant
1. The applicant, the Kibabe Commission for Human Rights and Good Governance,
is a Non-Governmental Organization (NGO) situated in the Republic of Kibabe.
The Kibabe Commission for Human Rights and Good Governance registered as a
company limited by guarantee in Republic of Kibabe. This commission comprising
of 20 individual lawyers’ members. Its address for service, for purpose of this
reference, at Plot No. 53, Nyasaria road, Post Office Box number 1120 Oldonyo in
Page 1 of 2
the Republic of Kibabe. The Kibabe Commission for Human Rights and Good
Governance has a formal objectives and duties of promoting, protecting,
respecting and fulfilling the human rights. (A copy of certificate of incorporation
of the Kibabe Commission for Human Rights and Good Governance is hereto
attached and marked as KCHRG annexture 1).
b) The Respondent
2. The respondent is the Attorney General of the Republic of Kibabe, the chief legal
Advisor to the Government of Republic Kibabe, and being sued on behalf of the
Government of Republic of Kibabe. The Respondents᾽ Address of service for the
purpose of this reference is: Justice and Constitutional Affairs Square Plot No.04,
Judicial Officers᾽ Chambers P.O. Box 6446 Oldonyo, Kibabe. Service of this
Reference on the Respondent shall be done by the Applicant or its duly
appointed Agents.
c) The subject matter of reference
3. That on April, 2023 Mafuta Energies Business Enterprise started the operation to
explore Oil deposits in Orboloti Lake which violates fundamental and
constitutional rights of the Ejege people through the terrible sounds of explosives
heard from the lake and the hazardous chemicals that were flowing towards their
residences.
4. That Government of Republic of Kibabe restricted Ejege people to hunt, gather
and graze their cattle in some areas without providing them with another way
that could make their social and economic life possible.
5. That the Ejege people were evicted forcibly by the armed forces offered by the
government of republic of Kibabe.
6. That, in April 2023, the Kibabe Commission for Human Rights and Good
Governance Petitioned to the High Court of the Republic of Kibabe against the
Attorney General an order to stop the operation of the project, rehabilitation and
compensation after being notified by the Ejege leader Laigwanani Melubo who
Page 2 of 2
was aware of all actions of the human rights violation against Ejege but, the
court dismissed the petition on the ground of proportionality.
7. That, after the decision of the court the situation was extra miles worst as the
Ejege were restricted to develop their land, massive dispossession of the land
has increased.
8. That business nexus between republic of Kibabe and Mafuta energies enterprise
in the support of the Republic of Kibabe government the Ejege had forced to
leave their residences and placed to other areas to allow the investment activities
to be widely expanded so, in the support of Republic of Kibabe Government the
Mafuta Energies had threatened lives of the Ejege.
In the Premises, the Subject Matter of the Reference is that:
9. That, the above actions of the Respondent and Mafuta Energies Enterprise are
actual violations of Articles 14, 18, 21, 24, 27 and 29 of the constitution of the
republic of Kibabe of 1977 as amended date to date; read together with Articles
6(d) and 7(2) of the Treaty for the Establishment of the East African Community;
read together with Articles 3, 4, 5, 6, 9, 14, 16 18(1) and 18(2) of the African
Charter on Human and Peoples᾽ Rights.
10. That, the decision affirmed by the High Court of the Republic of Kibabe inspired
impunity for human rights violations which contradicts with provisions of the
Treaty for the Establishment of the East African Community.
11. The Petitioner intends to rely on the following evidence in support of this
reference:
i. The Treaty for establishment of the east African community.
ii. The African Charter on Human and Peoples᾽ Rights.
iii. The Universal Declaration of Human Rights of 1948
iv. The constitution of the Republic of Kibabe of 1977 as amended date to
date.
v. The Environmental Management Act, of 2004
vi. The land acquisition act
Page 3 of 2
vii. The land act
[Link] petroleum act and mining act
ix. Affidavit of the victim.
d) The points of law on which the reference is based
12. This application based on Articles 6(d), 7(2), 27, 30 and 38 of the Treaty for the
Establishment of the East African Community; read together with Articles 14, 18,
21, 22, 24, 27 and 29 of the constitution of the republic of Kibabe of 1977 as
amended date to date; and Articles 3, 4, 5, 6, 9, 14, 16 18(1) and 18(2) of the
African Charter on Human and Peoples᾽ Rights.
13. REASONS WHEREFORE the Applicant pleads for the following prayers and
order against the respondent:
i. DECLARATION that, the actions of the Respondent and its armed force
contravenes Articles14, 18, 21, 22, 24, 27 and 29 of the constitution of the
republic of Kibabe of 1977 as amended date to date; read together with Articles
6(d) and 7(2) of the Treaty for the Establishment of the East African Community;
read together with Articles 3, 4, 5, 6, 9, 14, 16, 18(1) and 18(2) of the African
Charter on Human and Peoples᾽ Rights.
ii. DECLARATION that, the Respondent to be held liable for human rights violation
actions of the armed forces against Ejege people.
iii. DECLARATION that, the Human Rights due diligence conducted was null and void
as it does not fulfil the requirements of involving the Ejege people in decision
making.
iv. ORDER to stop the Mafuta Energies Enterprise to operate the project in the
Republic of Kibabe until the Government come up with other avenue which will
not violate Ejege peoples᾽ rights.
v. ORDER the Respondent to compensate all Ejege people who have lost their lives,
property or suffered injury as the result of the actions of the armed forces and
Mafuta Energies Enterprise.
Page 4 of 2
vi. ORDER the Respondent to transform and incorporate the United Nation Guiding
Principles on Business and Human rights into their domestic legal framework.
vii. ORDER that, the costs of an incidental to this reference be met by the
Respondent.
[Link] this Honourable Court be pleased to make such further or other order as
may be necessary in the circumstances.
VERIFICATION
14. That, all stated in the statement of reference hereinabove are true to the best
of my knowledge and belief.
Verified at Oldonyo, Republic of Kibabe by the said
LAIGWANANI MELUBO this _______________________
Day of………May, 2023 DEPONENT
Dated at Oldonyo this ……. day of May 2023.
Signed……………………………………...
Thobias Peter Alum, Advocate.
Signed…………………………………….
Hefsiba Anania Mtundu, Advocate.
Signed…………………………………….
Mariam John, Advocate.
Page 5 of 2
Signed…………………………………….
Yamba Ibrahimu Ramadhan, Advocate.
Signed……………………………………...
Erasto Revocatus Kiaske, Advocate.
For the Kibabe Commission for Human Rights and Good Governance
Lodged in the registry on the ………. day of May 2023.
Drawn and filed by:
Thobias Peter Alum, advocate,
The Kibabe Commission for Human Rights and Good Governance,
Plot No. 53, Nyasaria Road,
P. O. Box 1120,
………………………
Oldonyo, Republic of Kibabe.
REGISTRAR
To be served upon:
The Attorney General of the Republic of Kibabe,
Page 6 of 2
Justice and Constitutional Affairs Square,
Plot No.04, Judicial Officers᾽ Chambers,
P. O. Box 6446,
Oldonyo, Republic of Kibabe.
IN THE EAST AFRICAN COURT OF JUSTICE
AT OLDONYO
REFERENCE NO……OF 2023
IN THE MATTER OF VIOLATION OF FUNDAMENTAL HUMAN
RIGHTS BY THE GOVERNMENT OF THE REPUBLIC OF KIBABE
BETWEEN
THE KIBABE COMMISSION FOR HUMAN
RIGHTS AND GOOD GOVERNANCE………………………………….….....APPLICANT
AND
THE ATTORNEY GENERAL OF THE REPUBLIC OF KIBABE
BEING SUED ON BEHALF OF THE REPUBLIC OF KIBABE………….
RESPONDENT
AFFIDAVIT IN SUPPORT OF REFERENCE
I, LAIGWANANI MELUBO of [Link] 172, Oldonyo, Republic of Kibabe do hereby
solemnly swear and state as follows: -
1. That, I am Christian and an adult citizen the Republic of Kibabe which is a
partner state of the East African Community since 2001.
Page 7 of 2
2. That, I am a resident and leader of the Ejege people of republic of Kibabe up to
date.
3. That, on April 2023, I heard the terrible sounds of explosives from Orboloti Lake
where the Mafuta energies started its operation to explore oil deposits.
4. That, the exploration of oil deposits in Orboloti lake led to the hazardous
chemicals flowing towards residences of Ejege people and resulted to insecurity
of peoples’ lives as their drinking water polluted by chemicals and gathered fruits
are chemically contaminated.
5. That, after rising different claims and resistance the Ejege people has been
evicted by the government of republic of Kibabe through the use of armed
forces.
6. That, Ejege people have been burring our relatives, brothers and sisters, our kids
and our parents who died and have been dying from chemical contaminated
water and fruits, attacks from military troops who are using loaded weapons to
attack Ejege people.
7. That, my rights to life, safety of environment and ownership of property have
been violated through the actions done by Mafuta energies in support of republic
of Kibabe government.
8. That, Ejege people are suffering from social and economic hardships since they
are banned from hunting, gathering and grazing their cattle in the areas
occupied by the Mafuta energies enterprise without in support of the republic of
Kibabe government without following lawful procedures.
9. That, What I have stated herein is true to the best of my knowledge and belief.
SWORN at Oldonyo, Republic of Kibabe by the said
LAIGWANANI MELUBO this _______________________
Day of………May, 2023 DEPONENT
Page 8 of 2
BEFORE ME: ____________________________________
A COMMISSIONER FOR OATHS
Page 9 of 2