komu v attorney general of the republic of tanzania 2014 eacj 144 26 september 2014
The National Assembly of Tanzania violated Article 50(1) of the EAC Treaty by making political parties the sole basis for EALA elections and by allowing a non-parliamentary party to field a candidate, contrary to the Treaty’s requirement for broader representation. However, there is no guarantee of representation for any particular party, and the principle of proportional representation as argued by the Applicant is not mandated by Article 50(1). The Reference was not frivolous, vexatious, or barred by res sub-judice.
Source excerpt
- Interpretation of treaty provisions
- Proportional representation
- Election rules
- Jurisdiction of regional courts
- Res sub judice
- Standing orders of parliament