PROF. ANYANG’ NYONG’O & 10 OTHERS v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA AND 5 OTHERS

Case Number	APPLICATION NO. 1 OF 2006 (ARISING FROM REFERENCE NO. 1 OF 2006)
Summary	This application arose from the Applicant’s Reference No.1 of 2006 that averred inter alia that the process by which the representatives of the Republic of Kenya to the East African Legislative Assembly were nominated was incurably and fatally flawed in substance, law and procedure and contravened Article 50 of the EAC Treaty. The Applicants sought interim orders restraining the 3rd and 4th Respondents from assembling, convening, recognizing, administering oath of office or otherwise howsoever presiding over or participating in election of the Speaker or issuing any notification in recognition of any names of persons as duly nominated representatives of the Republic of Kenya to the EALA.
Respondent	The Attorney General of The Republic of Kenya and 5 others
Complainant	Prof. Anyang’ Nyong’o & 10 Others
Date filed	November 9, 2006
Countries	EALA , Kenya
Keyword	Interim injuction , Jurisdiction , Misjoinder , Prima facie case
Treaty Article	Article 27 , Article 30 , Article 50 , Article 52 , Articles of EAC Treaty , Election of Members of the Assembly Rules 2001 Kenya

Verdict	Under Article 30, of the Treaty, the Court is empowered to exercise that jurisdiction by determining the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community referred to it. Article 30 of the Treaty should not be construed as an action in tort brought by a person injured by or through the misfeasance of another. It is an action to challenge the legality under the Treaty of an activity of a Partner State or of an institution of the Community. The applicants were able to show that they had a prima facie case with a probability of success and that and the Applicants, EALA and the Community were likely to suffer irreparable damage if it turned out that one third of the Members of the EALA were not legally elected. Thus an interim injunction was granted.
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Date delivered	November 27, 2006
Quorum