Case Number {REF No 1. of 2006} & {APPEAL NO. 1 OF 2009 }

The contention was that the process in which Kenya’s representatives to the East African Legislative Assembly were deemed to be elected to the Assembly, and the rules made by the Kenya National Assembly and invoked for effecting the said process infringed the provisions of Article 50 of the Treaty.

RespondentAttorney General of Kenya and Others
ComplainantProf. Peter Anyang' Nyong'o and Others
Date filedNovember 8, 2006
CountriesKenya , Tanzania , Uganda
KeywordEALA , Elections , Legislature
Treaty ArticleArticle 27 , Article 30 , Article 50

First Instance Judgment

VerdictIt was declared that the Rules of election applied by Kenya National Assembly infringed Article 50 of the Treaty establishing EAC to the extent of their inconsistency with it. It was declared further that the National Assembly of Kenya did not undertake an election within the meaning of Article 50 of the Treaty, and that the election rules in issue infringe the same Article. The Court ordered that the claimants have costs of the reference.
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Date deliveredMarch 29, 2007

Appeal Judgment

VerdictThe Appeal is dismissed. The costs of the Appeal and related rulings are awarded to the Respondents.
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Date deliveredJuly 31, 2010