Anyang’ Nyong’o & 10 others v Attorney-General & others (2008) 3 KLR (EP) 398 [2007] RC 1 (KLR)
- Court
- RC
- Case number
- 1
- Citation
- [2007] RC 1 (KLR)
- Decided
- 30 March 2007
Summary at a glance
TypeTreaty InterpretationPostureAppeal from the High CourtCoramEC
The Election Rules do not provide for the election of members of the Assembly, but rather provide for the nomination and vetting of candidates by the House Business Committee. This is inconsistent with the Treaty.
Facts
The East African Community (EAC) Treaty provides for the election of members to the East African Legislative Assembly (EAL) by each partner state's National Assembly. The National Assembly of Kenya adopted the Election Rules 2001, which were challenged as inconsistent with the Treaty.
Issues
- whether the Election Rules constitute an infringement of article 50 of the Treaty
- whether the Election Rules provide for the election of members of the Assembly on basis of proportional representation as provided by article 50
Reasoning
The rules do not provide for the election of members of the Assembly, contrary to the Treaty's requirement. The role of the House Business Committee is unclear, and it does not elect the members.
Outcome
Affirmed
Authorities cited
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