GEORGE NANGALE, PROF. PETER ANYANG’ NYONG’O & 10 OTHERS v. ATTORNEY GENERAL OF KENYA AND 5 OTHERS

Case Number	APPLICATION NO. 2 OF 2006 (ARISING FROM REFERENCE NO. 1 OF 2006)
Summary	On 27th November 2006, this Court granted, inter alia, an interim injunction and pursuant to Rule 67 of the East African Court of Justice Rules of Procedure, the Registrar extracted and signed an order from the ruling embodying the interim injunction. On 30th November 2006, the Applicant, who was a member of East African Legislative Assembly (EALA) representing Tanzania , applied, as an interested person, under Rule 68(2) seeking correction of the extracted order claiming that it did not correspond with the decision of the Court.
Respondent	The Attorney General of Kenya and 5 others
Complainant	George Nangale, Prof. Peter Anyang’ Nyong’o & 10 Others
Date filed	November 30, 2006
Countries	EALA , Kenya
Keyword	Correction of judgments or orders , Discretion , EALA
Treaty Article	Rule 67 , Rule 68 , Rule 68 , Rules of Procedure 2004

Verdict	That some of the wording in the extracted order originated from the prayers in the Claimants’ motion. This contradicted Rule 67 which requires specification of the relief granted or other determination of the case. While the Court retains the discretion to refuse to correct its order in appropriate circumstances, ordinarily the Court ought to correct an order that does not correspond with the judgment it purports to embody. The extracted order does not correspond to the ruling it purports to embody and should be corrected to correspond to the terms of the reliefs granted in the ruling of this Court dated 27th November 2006.
PDF document	Download the decision as PDF
Date delivered	January 22, 2007
Quorum