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The EACJ grants EALA restraining order from administering the Oath of Office

By Vision Reporter

Added 7th June 2017 04:34 PM

New EALA representatives from different EAC partner states were supposed to be sworn in on June 5, 2017, but Kenya was yet to elect its representatives.

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New EALA representatives from different EAC partner states were supposed to be sworn in on June 5, 2017, but Kenya was yet to elect its representatives.

The First Instance Division of the East African Court of Justice (EACJ) has granted an interim ex parte order restraining the East African Legislative Assembly (EALA) from administering the oath of office, or otherwise recognising nominees from the Republic of South Sudan pending the hearing inter parties on Thursday (June 15, 2017).

Information from Arusha states that an application was filed by Wani Santino Jada, a citizen of South Sudan against the Attorney General of South Sudan, the Speaker of the Parliament of the same country and the Secretary General of the East African Community who are to be served with the ex parte order issued by the Court.

New EALA representatives from different EAC partner states were supposed to be sworn in on June 5, 2017, but Kenya was yet to elect its representatives.

Article 50 of the treaty for the establishment of the EAC the National Assembly of each Partner States shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.

According to EACJ Wani Santino Jada who represented himself at the ex parte hearing on or about March 11, 2017, the President of the Republic of South Sudan appointed nine persons to represent the said Partner State in EALA which was in violation of Article 50 of the Treaty for the Establishment of the East African Community.

He argued that, whereas the swearing-in of EALA MPs that was due to take place yesterday  June 5,2017 at 2.30pm had since been deferred incidentally, it could nonetheless transpire before the hearing of the interim orders inter parties thus rendering the said Application nugatory.

The ex parte hearing was before a bench of the First Instance Division of the Court comprised of Justices Monica Mugenyi, Principal Judge; Isaac Lenaola, Deputy Principal Judge; Faustin Ntezilyayo, Judge; Fakihi Jundu, Judge and Audace Ngiye, Judge

The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established 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.                      

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