Coming up for hearing: on 8th March 2022.

Reference filed: on 10th August 2021.

Rules: 4, 5, 13 and 32 of the East African Court of Justice Rules of Procedure, 2019.

Subject matter: Extension of time to file a response.

The Applicant, Attorney General of the Republic of Kenya seek for Court orders certifying this Application as extremely urgent, extending time to file and serve his response to the Statement of the Reference and costs be in the cause.

The grounds of the Applicant Application are premise on the fact that, the Reference was lodged on 7th June 2021, a notification serviced upon the Attorney General of Kenya on 9th June, 2021 but failed to file and served his response within the statutory forty-five days due to circumstances outside his control. The Applicant therefore seek for orders allowing his response to be lodged in Court out of time and admitted.

That, the length and duration of the delay in lodging and filing a response to the Reference is neither in ordinate nor intentional. It is in the interest of justice that this Application be allowed before the scheduling conference, it has been expeditiously filed in line with the Republic of Kenya’s right to a fair hearing, obligation to promote, protect, uphold the rule of law, and defend the public interest and that of the East African Community. Further, the Respondent will suffer no prejudice if the orders sought are granted.

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