EAST AFRICAN LAW SOCIETY AND 4 OTHERS v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA AND 3 OTHERS
Case Number | APPLICATION NO. 9 OF 2007 (ARISING FROM REFERENCE NO.3 OF 2007) |
Summary |
The Applicants filed Reference No. 3 of 2007 seeking inter alia a declaration that the amendments of the Treaty and ratification thereof by the three Partner States was illegal, unconstitutional and of no legal effect as they contravened Articles 150 and 38 of the Treaty. They also sought interim orders prohibiting the Respondents from implementing the proposed amendments to the Treaty pending the hearing and determination of the reference.
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Respondent | The Attorney General of The Republic of Kenya, The Attorney General of The United Republic of Tanzania, The Attorney General of The Republic of Uganda, The Secretary General of The East African Community |
Complainant | East African Law Society, The Law Society of Kenya, The Tanganyika Law Society, The Uganda Law Society, The Zanzibar Law Society |
Date filed | May 18, 2007 |
Countries | East African Community , Kenya , Tanzania , Uganda |
Keyword | Cause of action , Interim injuction , Treaty Amendments |
Treaty Article | Article 1 , Article 11 , Article 150 , Article 30 , Article 38 , Article 4 , Article 5 , Article 6 , Article 7 , Article 8 , Article 9 |
First Instance Judgment
Verdict |
The Applicants reference raised serious questions for trial which, if not controverted, might entitle them to succeed in respect of a number of their prayers. However, since the impugned amendments to the Treaty had been implemented what had been done, even if it were unlawful, could not be undone in interlocutory proceedings. Thus the application for interim orders was dismissed.
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PDF document | Download the decision as PDF
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Date delivered | July 11, 2007 |
Quorum | |
Appeal Judgment
Verdict | |
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Date delivered | |
Quorum | |