THE EAST AFRICAN CIVIL SOCIETY ORGANISATIONS FORUM (EACSOF) v. THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI & 2 OTHERS

This Reference was brought under Articles 5(3)(f), 6(d), 7(2), 8(1 )(a), 8(5), 27(1), 29, 30. 38, 124(1), 143, 146 and 147 of the Treaty for the Establishment of the East African Community (‘the Treaty’), and Rules 1 and 24 of the East African Court of Justice Rules of Procedure, 2013 (‘the Rules’). It sought to challenge the decision of
the Constitutional Court of the Republic of Burundi in Case No. RCCB 303 in so far as it endorsed the legality of Mr. Pierre Nkurunziza’s participation as a candidate in that Partner State’s 2015 presidential election.
The East African Civil Society Organisations Forum (‘the Applicant’), a platform for civil society organisations in East Africa, faulted the impugned decision for purportedly violating the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (‘the Arusha Accord’), as well as the Constitution of the Republic of Burundi and, consequently.
the Treaty.
The First and Third Respondents are self-defining offices that were sued in a representative capacity on behalf of the Republic of Burundi and the East African Community respectively. On the other hand, the Second Respondent, Commission Electorale Nationale Independante (CENI), is the body that is responsible for conducting national
elections in the Republic of Burundi and was sued for its role in the presidential election under scrutiny herein.
At the hearing, the Applicant was represented by Mr. Nelson Ndeki, while Messrs Nestor Kayobera and Diomede Vizikiyo appeared for the First Respondent.