| Case Number | REFERENCE NO. 2 OF 2007 |
| Summary | In 2001 the National Assembly of the United Republic of Tanzania elected nine persons to the East African Legislative Assembly two of whom were Dr. Harrison Mwakyembe and Mrs. Beatrice Shelukindo. In 2005 these two ran for and were elected Members of Parliament of the National Assembly and, pursuant to Article 51 (3) (c), they vacated their seats in the Legislative Assembly. In March 2006, Dr. Norman Sigalla and Mrs. Hulda Stanley Kibacha were elected, to fill the two Tanzanian vacancies in EALA through by-elections in the National Assembly. In October, 2006, the National Assembly elected nine persons whose names were submitted to EALA. Dr. Sigalla and Mrs. Kibacha were unsuccessful and the Applicant claimed that their tenure had not ended and as per Article 51(1) so the National Assembly ought to have elected only seven new Members. Since nine persons were elected, the Applicant argued that the total number of Members of the Legislative Assembly from Tanzania was eleven contrary to Article 50 (1) of the Treaty. |
| Respondent | THE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA & ANOTHER |
| Complainant | CHRISTOPHER MTIKILA |
| Date filed | |
| Countries | Tanzania |
| Keyword | EALA , Jurisdiction , Locus standi |
| Treaty Article | Article 27 , Article 30 , Article 48 , Article 50 , Article 51 , Articles of EAC Treaty |
First Instance Judgment
| Verdict |
The Court had no jurisdiction to entertain the application seeking to annul the elections held by the National Assembly in October, 2006. Further, the declaration that two people were improperly elected and were not therefore Members of the Legislative Assembly was in the domain of the High Court of Tanzania.
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| PDF document | Download the decision as PDF |
| Date delivered | April 25, 2007 |
| Quorum |
Appeal Judgment
| Verdict | |
| PDF document | |
| Date delivered | |
| Quorum |