Coming up for hearing: 24th June 2021.
Application filed: on 11th August 2020.
Articles: 30 & 39 of the Treaty for the Establishment of the East African Community.
Rules: 4, 52 & 84 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary Injunction.
The Applicant is a resident of Kampala, Uganda, lawyer by profession. He seeks for temporary injunction restraining the Respondent through its agents from conducting parliamentary elections in 47 new constituencies created on 30th July 2020, swearing in new members of parliament, implementing the Uganda Administration of the Judiciary Act 2020 and Political Parties and Organizations (Conduct of Meetings and Elections) Regulations 2020, restraining Ms. Dorothy Kisaka, Eng. Daniel Luyimbazi Ssali, Dr. Okello Ayen Daniel and Grace Akullo from acting in the positions of Executive Director, Deputy Executive Director, Director Public Health and Director Human Resources and Administration in Kampala Capital City Authority until final determination of the Reference and costs of this application be provided by the Respondent.
The Applicant filed Reference No. 23 of 2020 Male H. Mabirizi Kiwanuka vs The Attorney General of the Republic of Uganda alleging that, the Respondent’s actions of enacting and process of passing of the Uganda Administration of the Judiciary Act 2020 assented to by the President on 19th June 2020 without quorum and debate is unlawful under the Constitution and infringes the fundamental and operational principles of the Treaty for the Establishment of the East African Community.
It is the Applicant submission that, the Reference raises serious matters for consideration in terms of good governance including adherence to the principles of democracy, the rule of law, accountability, transparency and the maintenance of universally accepted standards of human rights. Further, he shall suffer irreparable damages if the impugned enactments, actions, regulations and directives are implemented before determination of the Reference, the Reference will be rendered nugatory if this Application is not granted, the balance of convenience favors grating of this Application and it is fair, just and equitable that this Application is granted.
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