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Mtikila v A.G. of United Republic of Tanzania and Another (Reference 2 of 2007)

East African Court of Justice · [2007] EACJ 4 · 2007 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference under Article 30 of the Treaty for the Establishment of the East African Community seeking enforcement of Treaty provisions regarding membership of the East African Legislative Assembly
Decision
Reference dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held it lacked jurisdiction to entertain the reference. The Applicant sought a declaration that the October 2006 election of nine Members to the East African Legislative Assembly was null and void, arguing that two Members elected in March 2006 still held valid five-year terms. The Court found this was a question as to membership of the Assembly under Article 52 of the Treaty, which vests jurisdiction exclusively in the High Court of Tanzania through election petition procedures. The reference was dismissed with costs.

Outcome

Reference dismissed for lack of jurisdiction

Facts

In 2001, Tanzania's National Assembly elected nine Members to the East African Legislative Assembly, including Dr. Harrison Mwakyembe and Mrs. Beatrice Shelukindo. In 2005, these two were elected to the National Assembly and vacated their Legislative Assembly seats under Article 51(3)(c). In March 2006, the National Assembly held by-elections and elected Dr. Norman Sigalla and Mrs. Hulda Stanley Kibacha to fill the vacancies. In October 2006, the National Assembly held a general election and elected nine persons to the second Legislative Assembly; Dr. Sigalla and Mrs. Kibacha were unsuccessful contenders. The Applicant argued that since Article 51(1) prescribes a five-year tenure for Legislative Assembly Members, Dr. Sigalla and Mrs. Kibacha's terms had not ended, and therefore only seven new Members should have been elected in October 2006. The Applicant contended that Tanzania now had eleven Members instead of the nine permitted under Article 50(1).

Issues

  1. Whether the East African Court of Justice has jurisdiction to entertain the reference.
  2. Whether the Applicant has locus standi to bring the reference.
  3. Whether swearing in of nine Members elected in October 2006 would result in Tanzania having eleven Members in the East African Legislative Assembly contrary to Treaty provisions.

Orders

  • Preliminary objection allowed.
  • Reference dismissed.
  • Costs awarded for one advocate for each Respondent.

Rules and key headnotes

Constitutional Law — Treaty Interpretation — Jurisdiction of Regional Courts — Questions as to Membership of Legislative Assembly
Where a reference seeks to declare an election of members to a regional legislative assembly null and void on grounds that certain elected persons are not properly members, such matters constitute questions as to membership of the assembly which fall within the exclusive jurisdiction of domestic courts under the treaty establishing the regional body, not the regional court itself.
Electoral Law — Election Petitions — Proper Forum — Regional Legislative Assembly Elections
Election disputes concerning the validity of elections to a regional legislative assembly conducted by a Partner State's national assembly must be resolved through election petition procedures in the domestic courts of that Partner State as prescribed by the treaty and domestic election rules, not through references to the regional court.
Administrative Law — Jurisdiction — Distinction Between Treaty Interpretation and Membership Questions
A regional court established under a treaty retains jurisdiction to interpret and apply treaty provisions even where domestic election petition procedures exist, but only where the core complaint concerns treaty violations distinct from questions as to the validity of individual memberships, which remain within domestic court jurisdiction.

Legislation cited (16)

  • Treaty for the Establishment of the East African Community Article 9
  • Treaty for the Establishment of the East African Community Article 27
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 40
  • Treaty for the Establishment of the East African Community Article 48(1)
  • Treaty for the Establishment of the East African Community Article 48(1)(a)
  • Treaty for the Establishment of the East African Community Article 50(1)
  • Treaty for the Establishment of the East African Community Article 51(1)
  • Treaty for the Establishment of the East African Community Article 51(3)
  • Treaty for the Establishment of the East African Community Article 51(3)(c)
  • Treaty for the Establishment of the East African Community Article 52
  • Treaty for the Establishment of the East African Community Article 52(1)
  • East African Legislative Assembly Election Rules Rule 15
  • East African Legislative Assembly Election Rules Rule 16
  • East African Court of Justice Rules of Procedure Rule 17
  • East African Court of Justice Rules of Procedure Rule 35

Cases cited (2)

  • East African Law Society v Attorney General of the Republic of Kenya (Reference No. 2)
  • Prof. Peter Anyang'nyong'o and Ten Others v Attorney General of Kenya and Two Others (Reference No. 1 of 2006)

Full judgment

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

Mtikila v A.G. of United Republic of Tanzania and Another (Reference 2 of 2007) [2007] EACJ 4 (25 April 2007)
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.