Regional court dismisses application against legitimacy of EALA Speaker

The East African Court of Justice has thrown out an application earlier filed by the Republic of Burundi, seeking the Court’s order to stay recognition of the Speaker of the East African Legislative Assembly (EALA). According to a statement by the Court, its first instance division struck out the application filed by Burundi and, in its ruling said that the application has been overtaken by events and that the real dispute will be conversed in the substantive case. The court ruled that granting the application by Burundi would mean suspension of the Assembly, that it was neither argued nor the Assembly. “It is the view of the Court that the office of the Speaker is the issue in the application and that the holder thereof has since duly commenced his functions.” Rwandan legislator Martin Ngoga was elected EALA Speaker on December 19, 2017 after garnering 33 votes in the second round of voting that pitted him against Leontine Nzeyimana of Burundi who got three votes and Adam Kimbisa of Tanzania who did not receive any vote. Ngoga replaced Daniel Kidega of Uganda whose term expired. According to the Treaty, the position of the Speaker of EALA is rotational. “The Court therefore struck out the Application and ordered that the Reference (main case) challenging the entire elections process of Speaker of the Assembly be heard expeditiously,” adds the EACJ statement. This case is the first one being filed by a Partner State against the Community, under Article 28 of the EAC Treaty which provides for Partner States to file a case to Court. All the cases the Court has previously handled are matters brought by individuals or non-governmental organisations (NGOs) or the Bar Associations under Article 30 of the Treaty (natural or legal person). Burundi is challenging the election of the Speaker, arguing that, the Assembly did not follow Rule 12 of the Rules of Procedure of the Assembly, which requires the quorum of one third of the elected members from each Partner State, yet Burundi and Tanzania did not participate in the elections. Burundi is therefore asking court to declare that the election violated rule 12 (1) of EALA Rules of Procedure and order for re-election of the Speaker in accordance with the Rules of procedure. Established in November 2001, the EACJ’s major responsibility is to ensure adherence to law in the interpretation and application of and compliance with the EAC Treaty.

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Regional court dismisses application against legitimacy of EALA Speaker