East African Court of Justice, Arusha, Tanzania, 21st November 2025: The East African Court of Justice (EACJ), First Instance Division, today issued an interim injunction restraining the East African Legislative Assembly (EALA) from recognizing, swearing in, or seating the nine individuals recently elected to represent the Federal Republic of Somalia. The ruling, delivered in Consolidated Applications No. 16 and 17 of 2025, follows claims that Somalia’s electoral process contravened fundamental principles of the Treaty establishing the East African Community (EAC).
The Applicants, Amb. Mohamed Ahmed Awil, Ali Abdulnur Osman, and Abdullahi Mohamed Ahmed, had filed references alleging that the October 2025 elections for EALA members in Somalia violated Article 50 of the Treaty by failing to ensure a transparent, competitive, and representative process. They contended that the outcome was unduly dominated by the ruling Justice and Solidarity Party (JSP) and elite sub-clans, thereby breaching the principles of democracy and good governance enshrined in Articles 6(d) and 7 of the Treaty.
In its ruling, the Court asserted its jurisdiction over the matter, classifying it as a “pre-seating challenge.” The Court noted that the individuals had not yet taken the oath or been seated in EALA, with the plenary session scheduled for November 23, 2025. This distinction is crucial, as the Court clarified that its jurisdiction applies to challenges regarding the election process itself before seating occurs, rather than post-seating disputes which are reserved for domestic institutions under Article 52 of the Treaty.
Applying the established three-limb test for interim injunctions (the Giella v Cassman Brown & Co test), the EACJ found:
- A Prima Facie Case with Probability of Success: The Court determined that the alleged process flaws – including lack of transparency, procedural opacity, bias, and exclusionary elements – raised “serious questions that are neither frivolous nor vexatious” regarding compliance with Article 50 of the Treaty.
- Irreparable Harm: The Court concluded that if the nine nominees were sworn in and seated, the alleged Treaty violation would become irreversible at the Community level. Monetary damages would be inadequate to compensate for the applicants’ forfeited opportunity or to repair the broader erosion of democratic norms and the integrity of EALA and the integration process.
- Balance of Convenience: The Court found that the balance of convenience manifestly favors the Applicants. Maintaining the status quo (Somalia’s current unrepresented status in EALA, which has not disrupted the Assembly’s work since March 2024) would cause minimal inconvenience. Conversely, allowing the seating could lead to irreversible harm to the integrity of Community institutions if the elections are later found to be invalid.
“The public interest in upholding the democratic and representative character of the Community’s sole legislative organ decisively outweighs the inconvenience of a brief postponement,” the Court stated.
The Court ordered the East African Legislative Assembly, its Speaker, Clerk, or any officer acting on its behalf, to be restrained and prohibited from:
- Convening, recognizing, administering the oath of office to, seating, or otherwise treating as validly elected the nine individuals whose names were transmitted pursuant to the Federal Parliament Resolution dated October 16, 2025; and
- Issuing any notification or taking any step in recognition of these individuals.
This restraint will remain in force until the final disposal of the main References (Nos. 45 & 46 of 2025). Given the urgency, the Court has certified these References as urgent and directed the Registrar to fix them for hearing on a priority basis, not later than the immediately following session of the Court. Costs of the applications will abide the outcome of the References.
This ruling underscores the EACJ’s commitment to ensuring that the East African Legislative Assembly is constituted in accordance with the foundational principles of the Treaty.
About the East African Court of Justice
The East African Court of Justice (EACJ or ‘the Court’), is one of the Organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. The Court was established in November 2001, its key mandate is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the capitals of the following Partner States: Burundi, Kenya, Rwanda, Uganda and United Republic of Tanzania.
For more information please contact:
Christine Mutimura,
Ag. Registrar,
East African Court of Justice.
Arusha, Tanzania
Tel: 255-27-2162149
Email: cmwekesa@eachq.org