LEGAL BRAINS TRUST (LBT) LIMITED V ATTORNEY GENERAL OF UGANDA (Civil Suit 10 of 2011) [2012] RC 8 (KLR) (30 March 2012)
- Court
- RC
- Case number
- 8
- Citation
- [2012] RC 8 (KLR)
- Decided
- 30 March 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterpretation of Treaty ArticlePostureReference under Articles 23, 27 and 30 of the TreatyCoramEAC, L. Smith
Holding
The Court held that the phrase 'a further term of five years' does not limit the number of terms a Member of the EALA can hold to two terms.
Facts
The Speaker of the Parliament of Uganda requested the Attorney General to seek an advisory opinion on the interpretation of Article 51(1) of the Treaty due to conflicting views on the meaning of the phrase 'a further term of five years'. The Attorney General interpreted the Article differently and advised the Speaker.
Issues
- Whether under Article 51(1) of the Treaty, a Member of the EALA can only hold office for a maximum of two terms.
- Whether it was an infringement of the Treaty for the Attorney General of Uganda to interpret Article 51(1) of the Treaty.
- Whether the Applicant is entitled to the remedies sought.
Reasoning
The Court interpreted the phrase 'a further term of five years' as referring to eligibility for re-election, not as a term limit.
Outcome
The Court ruled that the Attorney General's interpretation was unlawful and infringed the Treaty.
Orders
- That the decision of the Respondent to the effect that a Member of the East African Legislative Assembly can only hold office for two terms is unlawful.
- That the said decision infringes the provisions of the Treaty.
Remedies
- The Court did not specify remedies in the judgment.
Authorities cited
Legislation (1)
- Article 51(1) of the Treaty
Cases cited (1)
- Ref. No. 1 of 2006 – Peter Anyang Nyongo and Others –v – Attorney General of Kenya and others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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