Timothy Alvin Kahoho V Secretary General of the East African Community [2012] RC 2 (KLR)
- Court
- RC
- Case number
- 2
- Citation
- [2012] RC 2 (KLR)
- Decided
- 19 July 2012
The court found that the Applicant's claim was not frivolous or vexatious and that serious questions were to be tried. The court ruled that the Summit directives did not breach the Treaty.
Facts
The Applicant, Timothy Alvin Kahoho, filed a Reference praying for the nullification of Summit directives issued at the 13th Ordinary Meeting in Bujumbura, Burundi, alleging breach of Articles 6, 7, 73, 123(6), 138, and 123(6) of the Treaty. The Respondent, the Secretary General of the East African Community, denied any breach and contended that the Summit acted within its mandate.
Issues
- Whether the Summit directives breached Articles 6, 7, 73, 123(6), 138, and 123(6) of the Treaty
- If so, what effect would it have on the implementation of the directives by the Secretariat
Reasoning
The court interpreted the Treaty and found that the Summit directives were within its mandate, as the Treaty confers on the Summit and the Secretariat the functions the Applicant is challenging.
Outcome
Denied
Orders
- Interim order to restrain the Respondent and his agents from executing the impugned directives
Remedies
- Costs of the application
Authorities cited
Legislation (1)
- Treaty of the East African Community
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