Wakilii

Attorney General of the Federal Republic of Somalia (Appeal No. 2 of 2025; Application No. 3 of 2025)

East African Court of Justice · [2026] EACJ 9 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal from the First Instance Division ruling restraining swearing-in of Somalia's elected EALA members
Decision
Stay of execution granted; Somalia's elected EALA members may be sworn in pending determination of the main appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Appellate Division allowed the application for stay of execution, finding the appeal arguable on grounds that the First Instance Division based its ruling on factually incorrect findings about the existence of political parties in Somalia's Parliament. The Court held that keeping out a Partner State's representatives on incorrect factual grounds would violate Treaty principles of equitable distribution of benefits, and that substantial loss would result from denying Somalia legislative representation in EALA for an indeterminate period.

Outcome

Stay of execution granted; Somalia's elected EALA members may be sworn in pending determination of the main appeal

Facts

Somalia joined the East African Community in March 2024 as the 8th Partner State. In October 2025, Somalia's Federal Parliament established a Joint Committee to oversee election of nine members to the East African Legislative Assembly (EALA). The Committee applied the 4.5 clan formula under the Garowe Principles, a transitional power-sharing arrangement embedded in Somalia's Provisional Constitution. Eighteen candidates were nominated and nine were elected by secret ballot on 15 October 2025. Three Somali citizens filed references in the First Instance Division challenging the elections as violating Article 50 of the Treaty, alleging the process favoured a ruling party and excluded opposition parties. The First Instance Division granted interim orders restraining the swearing-in of the elected members, finding the election process violated Treaty standards. Somalia appealed and simultaneously applied for stay of execution of the restraining orders.

Issues

  1. Whether the Court should grant an order staying the First Instance Division's ruling restraining the swearing-in of Somalia's elected EALA members pending appeal.
  2. Whether the appeal is arguable.
  3. Whether the appeal will be rendered nugatory if stay of execution is not granted.
  4. Whether the applicant will suffer substantial loss if stay is not granted.
  5. Whether the application was made without unreasonable delay.
  6. Whether the balance of convenience favours granting the stay.

Orders

  • The Applicant's Application dated 25th November 2025 is hereby allowed.
  • The Ruling and Orders of the Trial Court of 21st November 2025 restraining the swearing in, taking of oath and assumption of office of the nine (9) Members of Parliament elected on 15th October 2025 by the Federal Parliament of Somalia to the East African Legislative Assembly are hereby stayed pending the hearing and determination of Appeal No.2 of 2025.
  • The costs of this Application shall abide the outcome of the Appeal.

Rules and key headnotes

Stay of Execution — Principles for Grant — Arguability of Appeal
An appeal is arguable for purposes of stay of execution where the trial court's decision was based on patently incorrect factual findings, including findings about the existence of political parties that the respondents themselves concede do not exist.
Stay of Execution — Substantial Loss — Representation in Legislative Organ
Substantial loss for purposes of stay of execution does not necessarily equate to irreversible loss, but is loss of a nature that would be debilitating and seriously inhibit a party in its day-to-day business or undertaking, or would require huge resource outlay to undo. Denial of a Partner State's representation in the Community's Legislative Organ during an indeterminate period constitutes substantial loss.
Treaty Interpretation — Equitable Distribution of Benefits — Exclusion of Partner State
Keeping out representatives of a Partner State from the East African Legislative Assembly on grounds which are factually incorrect may violate Article 7(1)(f) of the Treaty on equitable distribution of benefits accruing from operations of the Community.
Treaty Interpretation — Legislative Organ — Adequacy of Representation
The East African Legislative Assembly is the only Legislative Organ of the Community established under Article 9 of the Treaty. Any position that a Partner State is adequately represented by virtue of representation in other organs of the Community has no basis under the Treaty.
Stay of Execution — Balance of Convenience — Public Interest
In determining whether to grant stay of execution, the balance of convenience and public interest of Partner States must be considered. Where a trial court's factual findings are conceded to be erroneous and the peculiar circumstances of a Partner State's transitional governance system are at stake, the balance tilts in favour of granting stay.
Stay of Execution — Requirements under Rule 87 — Security
Under Rule 87(3) of the East African Court of Justice Rules of Procedure, no order for stay of execution shall be made unless the Court is satisfied that substantial loss may result, the application was made without unreasonable delay, and security has been given. Where the application involves a Partner State and its citizens, the Court may determine that no order for security is necessary.
Institutional Continuity — Counsel to the Community — Acting Appointments
A vacancy in the substantive office of the Counsel to the Community does not incapacitate the office from executing its duties and functions under the Treaty. The Secretary General may appoint a Principal Legal Officer to perform the duties of Counsel to the Community in acting capacity pending Council of Ministers' approval to safeguard the interests of the Community.

Legislation cited (27)

  • Treaty for the Establishment of the East African Community Article 3
  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7
  • Treaty for the Establishment of the East African Community Article 7(1)(f)
  • Treaty for the Establishment of the East African Community Article 8
  • Treaty for the Establishment of the East African Community Article 9
  • Treaty for the Establishment of the East African Community Article 23
  • Treaty for the Establishment of the East African Community Article 27
  • Treaty for the Establishment of the East African Community Article 27(1)
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 30(2)
  • Treaty for the Establishment of the East African Community Article 33
  • Treaty for the Establishment of the East African Community Article 39
  • Treaty for the Establishment of the East African Community Article 48
  • Treaty for the Establishment of the East African Community Article 49
  • Treaty for the Establishment of the East African Community Article 50
  • Treaty for the Establishment of the East African Community Article 50(1)
  • Treaty for the Establishment of the East African Community Article 50(2)
  • Treaty for the Establishment of the East African Community Article 52
  • East African Court of Justice Rules of Procedure Rule 87
  • East African Court of Justice Rules of Procedure Rule 87(1)
  • East African Court of Justice Rules of Procedure Rule 87(3)
  • East African Court of Justice Rules of Procedure Rule 87(4)
  • East African Legislative Assembly Act s.12
  • Provisional Constitution of the Federal Republic of Somalia Article 3(3)
  • Provisional Constitution of the Federal Republic of Somalia Article 3(4)
  • Provisional Constitution of the Federal Republic of Somalia Article 55

Cases cited (3)

  • Attorney General of the United Republic of Tanzania v Anthony Calist Komu (Appeal No. 2 of 2015)
  • Prof. Peter Anyang Wyong'o &10 Others vs Attorney General of Kenya (supra)
  • Hon. Abdul Katuntu vs Attorney General of Uganda (supra)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Attorney General of the Federal Republic of Somalia (Appeal No. 2 of 2025; Application No. 3 of 2025) [2026] EACJ 9 (19 January 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.