nyongo and ors v ag of kenya and ors reference 1 of 2006 2007 eacj 6 2 march 2007

nyongo and ors v ag of kenya and ors reference 1 of 2006 2007 eacj 6 2 march 2007

The National Assembly of Kenya did not undertake an election within the meaning of Article 50 of the Treaty. The Kenya Election Rules, by providing for nominees to be 'deemed elected' without an actual election by the National Assembly, infringe Article 50. The Treaty requires the National Assembly to act as an...

Source-derived case information.

Citation
nyongo and ors v ag of kenya and ors reference 1 of 2006 2007 eacj 6 2 march 2007
Parties
Claimant: Prof. Peter Anyang Nyong’o, Abraham Kibet Chepkonga, Fidleis Mueke Nguli, Hon. Joseph Kamotho, Mumbi Ngaru, George Nyamwea, Dr. Paul Saoke, Hon. Gilbert Ocheng Mbeo, Yvonne Khamati, Hon. Rose Waruhiu; Respondent: Attorney General of Kenya; Respondent: Clerk of the East African Legislative Assembly; Respondent: Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
2 March 2007
Procedural Posture
Reference Under Article 30 of the Treaty for the Establishment of the East African Community / Final Judgment
Outcome
Reference allowed in part
Legal Topics
Treaty Interpretation, Election Law, Sovereignty, Proportional Representation, Primacy of Community Law, Locus Standi
Source Language
english
International Law Constitutional Law Administrative Law Treaty Interpretation Election Law Sovereignty Proportional Representation Primacy of Community Law +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Prof. Peter Anyang Nyong’o, Abraham Kibet Chepkonga, Fidleis Mueke Nguli, Hon. Joseph Kamotho, Mumbi Ngaru, George Nyamwea, Dr. Paul Saoke, Hon. Gilbert Ocheng Mbeo, Yvonne Khamati, Hon. Rose Waruhiu

Claimant

Attorney General of Kenya

Respondent

Clerk of the East African Legislative Assembly

Respondent

Secretary General of the East African Community

Respondent

Procedural Posture

Reference Under Article 30 of the Treaty for the Establishment of the East African Community / Final Judgment

Legal Issues

  1. 1 Whether the claimants disclosed a cause of action under Article 30 of the Treaty
  2. 2 Whether an election was undertaken within the meaning of Article 50 of the Treaty
  3. 3 Whether the Kenya Election Rules comply with Article 50 of the Treaty

Ratio Decidendi

The National Assembly of Kenya did not undertake an election within the meaning of Article 50 of the Treaty. The Kenya Election Rules, by providing for nominees to be 'deemed elected' without an actual election by the National Assembly, infringe Article 50. The Treaty requires the National Assembly to act as an electoral college and elect members through a process involving voting, not mere appointment or nomination. The rules cannot override Treaty obligations, and the principle of primacy of Community law applies.

Court Disposition

Reference allowed in part

Orders

  • Declaration that the National Assembly of Kenya did not undertake an election within the meaning of Article 50 of the Treaty.
  • Declaration that the Kenya Election Rules infringe Article 50 of the Treaty to the extent of their inconsistency.