In 2001, the Kenya National Assembly, pursuant to Article 50 of the Treaty, determined its own procedure for election of the nine members of the East African Legislative Assembly embodying the principle of proportional representation.
On 26th October 2006, the National Assembly, acting through its House Business Committee, in accordance with its Standing Orders and the election rules, went through a process of electing nine members. The claimants’ averred that the whole process of nomination and election adopted by the National Assembly of Kenya was incurably and fatally flawed in substance, law and procedure and contravened Article 50 of the EAC Treaty in so far as no election was held nor debate allowed in Parliament on the matter. They sought an interpretation of Article 50 of the Treaty and other orders.
