PROF. PETER ANYANG’ NYONG’O & 10 OTHERS v THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA & 2 OTHERS

Case Number	REFERENCE NO. 1 OF 2006
Summary	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.
Respondent	THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA & 2 OTHERS
Complainant	PROF. PETER ANYANG’ NYONG’O & 10 OTHERS
Date filed
Countries	EALA , Kenya
Keyword	Cause of action , Doctrine of estoppel , EALA
Treaty Article	Article 30 , Article 50 , Article 6 , Articles of EAC Treaty , Election of Members of the Assembly Rules 2001 Kenya , Vienna Convention on the Law of Treaties (Article 31)

Verdict	The Kenya National Assembly Rules which do not allow election directly by citizens or residents of Kenya or their elected representatives are null and void for and contrary to the letter and spirit of the Treaty. Article 50 of the Treaty constitutes the National Assembly of each Partner State into an electoral college for electing the Partner State’s nine representatives to the East African Legislative Assembly. The National Assembly of Kenya did not undertake or carry out an election within the meaning of Article 50 of the Treaty as the election rules infringed Article 50. Thus, an interim injunction was granted restraining the 3rd and 4th respondents from recognizing the nine nominees as duly elected members of the Assembly until disposal of the reference. The doctrine of estoppel cannot be raised against the operation of statute or invoked to prevent an inquiry into an alleged infringement of the Treaty.
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Date delivered	March 30, 2007
Quorum