East African Community Court of Justice
Rules of Procedure, 2019.
SECTION XIX
ADVISORY OPINION
125.
(1)A request for an advisory opinion under Article 36
of the Treaty shall be lodged in the Appellate Division and shall
contain an exact statement of the question upon which an opinion
is required and shall be accompanied by all relevant documents
likely to be of assistance to the Court.
(2) Upon receipt of the request under sub-rule (1), the
Registrar shall immediately give notice of the request to all the
Partner States and the Secretary General.
(3) The Court may identify any person likely to furnish
information on the question and shall direct the Registrar to give
notice of the request to such person.
(4) The Registrar shall in the notice given under subrules (2) and (3) invite the Partner States, Secretary General and
such other person to present written statements on the questions
within the limit stated in the notice.
(5) Upon receiving written statements the Registrar
shall send a copy of each such written statement to the parties
mentioned in sub-rule (4) for comments if any.
(6) The Court shall decide whether oral proceedings
shall be held and if so shall fix the date for such proceedings and
shall invite the parties mentioned in sub-rule (4) to make oral
representations.
(7) The provisions of sub- rules (4) and (5) of Rule 79
shall apply to advisory opinion proceedings under this rule with
necessary modifications.
(8) The Court shall deliver its advisory opinions in open
court prior notice having been given to the Partner States and to
the Secretary General.
71
Advisory
opinion of
the Court.