DEMOCRATIC PARTY & ANOTHER V SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY & ANOTHER [2012] RC 6 (KLR)

Facts

The Democratic Party and Mukasa Fred Mbidde brought a Reference under East African Community (EAC) Treaty articles against the Secretary General of the EAC and the Attorney General of Uganda regarding the election of members of the East African Legislative Assembly (EALA). The Reference is premised on the alleged failure of the Ugandan Parliament to amend its Rules of Procedure to comply with Article 50 of the EAC Treaty.

Issues

1. Whether the Ugandan Parliament has failed to supervise the Government to ensure it amends its Rules of Procedure for EALA elections.
2. Whether the Applicants are entitled to declarations against the Respondents.

Reasoning

The Court notes that the Ugandan Parliament has not taken steps to conduct EALA elections under the 2006 Rules of Procedure, but the process of amendment is ongoing. The Court finds the Reference justiciable as it addresses a potential future issue.

Outcome

The Reference is not dismissed as moot.

Authorities cited