East African Community Court of Justice
Rules of Procedure, 2019.
67.
(1) A party calling a witness shall be responsible for the
witness’s expenses.
Expenses of
witnesses.
(2) A party applying for witness summons shall, before
the summons is issued, pay into Court such sum of money as
appears to the Registrar to be sufficient to defray the travelling
and other expenses of the person so summoned to give evidence
and the necessary subsistence allowance.
(3) In the case of any person summoned by the Court to
give evidence as an expert, the Registrar may allow reasonable
remuneration for the time spent both in giving evidence and in
performing any work on the case.
(4) Where it is proved to the satisfaction of the Registrar
that the money deposited into Court to cover such expenses or
reasonable remuneration is insufficient, the Registrar may require
the party who applied for the summons to pay such further sums
which appears to be necessary on that account.
(5) In case of default in payment of further sum under
sub-rule (4), the Court may order such sum to be levied by
attachment and sale of the movable property of the defaulting
party; or it may discharge the person summoned without requiring
him or her to give evidence; or may both order such levy and
discharge of such person as aforesaid.
(6) The expenses of the witness appearing before the
Court under sub-rule (3) shall be borne by the Court.
68.
(1) The Court may on its own motion or on application
supported by an affidavit of any party or the witness to be examined
issue a commission or letter of request for the examination, on
interrogatories or otherwise, of any person resident within the
limits of its jurisdiction who is, from sickness or infirmity, unable
to attend.
43
Commission
to examine
witnesses.