Burundi loses bid to remove new EALA Speaker from Rwanda
The regional Court ruled that although non recognition of the current Speaker Martin Ngoga (pictured) from Rwanda would entail suspension of the Assembly, the holder of office has since duly commenced his functions.
What you need to know:
- He polled 33 votes in the second round of voting against Ms Leontine Nzeyimana from Burundi who amassed three votes and Adam Kimbisa from Tanzania who did not receive any vote.
- According to Article 53 of the EAC Treaty, the Speaker of the Assembly (Eala) shall be elected on rotational basis by the elected members of the Assembly from among themselves to serve for a period of five years.
An application filed by Burundi to unseat the new East African Legislative Assembly (Eala) Speaker has been quashed.
The East African Court of Justice (EACJ) said in its ruling on Tuesday that the suit by the Burundi Attorney General had no substance and has been overtaken by events.
The regional Court ruled that although non recognition of the current Speaker Martin Ngoga from Rwanda would entail suspension of the Assembly, the holder of office has since duly commenced his functions.
"The court has, therefore, struck out the application and ordered that the reference (main case) challenging the entire election process of the Speaker be heard expeditiously", said Justice Monica Mugenyi who read the ruling.
In challenging the election of Mr Ngoga as Eala Speaker, Burundi had argued that the process did not follow Rule 12 of the Rules of Procedure of the regional Assembly.
The rule requires a quorum of one third of the elected members from each partner state, yet Burundi and Tanzania did not participate in the elections.
Legislators from four other East African Community (EAC) partner states; Uganda, Kenya, Rwanda and South Sudan, took part in the tense election.
Burundi, therefore, asked the Court to declare that the election violated rule 12(1) of Eala Rules of Procedure and wanted re-run of the election along the laid down rules and procedures.
But the court said the application has been overtaken by events although the real dispute will be conversed in the substantive reference.
Mr Ngoga, a Rwandan lawmaker, was elected Eala Speaker on December 19, 2017 replacing Daniel Kidega from Uganda whose term had expired.
He polled 33 votes in the second round of voting against Ms Leontine Nzeyimana from Burundi who amassed three votes and Adam Kimbisa from Tanzania who did not receive any vote.
According to Article 53 of the EAC Treaty, the Speaker of the Assembly (Eala) shall be elected on rotational basis by the elected members of the Assembly from among themselves to serve for a period of five years.
