East African Community Court of Justice
Rules of Procedure, 2019.
(5) (a) The Court may at any stage before passing a
decree amend the issues or frame additional
issues on such terms as it thinks fit and all
such amendments or additional issues as may
be necessary for determining the matter in
controversy between the parties shall be so
made or amended.
(b)
The Court may also at any stage before passing
a decree strike out any issue that appears to it
to be wrongly framed or introduced.
(6) If the matter is to proceed to hearing the Court shall
fix the date for commencement of the hearing.
(7) In any case where there is no need for evidence and
all parties opt to present legal arguments in writing, the Court
shall prescribe the time within which the parties shall file their
respective written legal arguments and may fix the date on which
the parties shall appear before a bench of three or five judges to
deal with any other matter the Court thinks necessary.
Recourse to
alternative
dispute
resolution.
64.
(1) If the case has prospects for settlement, the Court
shall direct that the case proceeds to mediation or other form of
settlement.
(2) Mediation or any other form of settlement shall
be conducted by the Judge who presides over a Scheduling
Conference and shall be in accordance with guidelines set out in
the Fifth Schedule.
(3) The mediation or any other form of settlement shall
be completed within twenty one (21) days after commencement;
provided that the mediator may extend the time for a period not
exceeding fifteen (15) days on application by the parties, showing
sufficient reasons for the extension.
40