Abdu Katuntu VS The Attorney General Of Uganda and The Secretary General East African Community

It can be gleaned from the Applicant’s pleadings that this Reference is predicated on conformity to Article 50 (1) of the Treaty which provides that:

“50(1) The National Assembly of each Partner State 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.”

Pursuant to the above Article, in 2006, the Parliament of the Republic of Uganda passed the Rules of Procedure for the election of members of the EALA. The Constitutional Court of Uganda in Hon. Jacob Oulanyah vs The Attorney General of The Republic of Uganda, Constitutional Petition No. 28 of 2006, subsequently annulled the Rules on the ground, inter alia, that they were contrary to Article 50(1) of the Treaty and that Parliament had divested itself of its duty to elect Members of the EALA and bestowed it on the political parties.