EACJ to Rule on Election of EALA Members Next Month

Appearing before the Court Wednesday, Counsel for the Applicant Mr. Justin Semuyaba sought an injunction on the election of Ugandan members to the Assembly, submitting that the Rules and Procedures of the Parliament of the Republic of Uganda 2006, on election of members to the EALA do not conform with Article 50 of the Treaty of Establishment of the East African Community.

The Democratic Party argues that if the rule on a party’s numerical strength in Parliament remains unchanged it will not have a chance of sending a representative to the EALA in the upcoming elections for EALA Members.

In an Application that pits the Democratic Party and Fred Mukasa Mbidde against the Secretary General of the East African Community (EAC) as the 1st Respondent and The Attorney General of the Republic of Uganda as the 2nd Respondent, the Applicant sought Interim Orders restraining and prohibiting the EALA and the Attorney General of Uganda and the Parliament of Uganda from conducting and carrying out any elections.

The Democratic Party’s attorney further sought Court to block the assembling, convening, recognising, administering oath of office or presiding over or participating in the Elections of the Representatives of Uganda and recognizing of any names of nominees as duly elected to the EALA until the Rules of Procedure of the Parliament of Uganda 2006 are amended.

EAC’s Counsel to the Community Hon. Wilbert Kaahwa representing the Secretary General however opposed the Application for an injunction and submitted that the orders sought cannot be granted as it is premature and that the process of elections has not started. He also submitted that the term of the current EALA ends in June 2012 and that there is time to amend the Rules in Uganda.

Attorneys Mr Phillip Mwaka and Ms. Christine Kaahwa representing the Attorney General of Uganda also opposed the Application, submitting that proposals have been made to the Parliament of Uganda on the amendments of the Rules and Laws to govern the EALA elections and that no evidence had been adduced by the Applicant to prove that the election process is ongoing while no amendments to the Rules had been made. They asked the Court to dismiss the Application with costs.
 

About the EACJ
The East African Court of Justice (EACJ or the Court), is the judicial arm of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community.

Operationalized in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.

Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.