On 6th July 2015 the Applicant filed Reference No. 2 of 2015 EACSOF vs. Attorney General of Burundi and 2 Others, as well as the present Application before this Court.
The Application sought interim orders pending the hearing of Reference No. 2 of 2015. It specifically sought orders for the stay of Decree No. 100/177 of the 9th June 2015 that postponed the Presidential and Senatorial Elections to 15th and 24th June 2015 respectively, as well as the decision of the Second Respondent dated 12th June 2015 that apparently approved the nomination of Mr. Pierre Nkurunziza as a candidate in the Presidential Election. The Application further sought an order directing the Second Respondent and the Government of the Republic of Burundi to postpone the Presidential and Senatorial Elections.
On 14th July 2015, the Application was heard ex parte but the Court declined to grant the Orders sought. It transpired that the Burundi Presidential Election had been postponed to 21st July 2015 therefore the Court did inter alia order that the Application be heard inter partes today.
We have carefully scrutinized the pleadings that were filed in this Application. We did also carefully listen to Learned Counsel for the Applicant and First Respondent herein. In our considered view, it is neither judicious nor necessary or desirable to issue the interim orders sought in this Application. We would therefore disallow the Application
