EA Court sets date for ruling on application to block 2021 elections

Kampala, Uganda | THE INDEPENDENT | The East African Court of Justice has fixed February 6th 2020 as date when it will rule on an application filed by Kampala city lawyer Male Mabirizi seeking to block the 2021 elections.

This is according to a notice signed by the Registrar of the East African Court of Justice Yufnalis Okubo summoning Uganda’s Attorney General and Mabirizi to go and receive the ruling.

“Take notice that the above application has been fixed for delivery of ruling on Thursday the 6th of February, 2020 9:30 am in open court, 2nd floor, EAC headquarters, Afrika Mashariki road EAC Close, Arusha”, reads the notice in part.

In August 2019, Mabirizi dragged the government to the East African Court seeking an interim injunction to block the Electoral Commission from holding the 2021 elections on grounds that its organizations and conducts are being guided by a set of laws that have been challenged in the same court.

Mabirizi argued that the elections should not proceed until the petition challenging the 2018 Constitutional Amendment Act is determined by the East African Court of justice.

The law in question among others scrapped the lower and upper Presidential age caps which was earlier set between 35 and 75 years respectively. The Act also opened the ground for the young people to contest for local government positions even when they haven’t clocked the age 35.

He appealed to the EAC Court challenging Uganda’s Supreme Court ruling which upheld the constitutional Court and Parliamentary decisions endorsing the amendments stated.

Mabirizi further alleged that Ugandan citizens will suffer irreparable damages unless government is restrained from implementing electoral processes like recruitment of polling agents among others under the alleged illegitimate law he is challenging in the EAC court.

During the hearing of the interim application, the Attorney General through George Kallemera a Principal State Attorney in the Directorate of Civil Litigation opposed it and asked court to dismiss it.

Kallemera in his eight paged document strongly argued that the current on-going electoral processes are being done in line with Ugandan laws adding that Mabirizi has no mandate to represent all Ugandans and thus the alleged irreparable damage is entirely speculative.

Members of the East African Court of Justice comprise of Lady Justice Monica Mugenyi the Principal Judge, Dr Faustin Ntezilyayo Deputy Principal Judge, Justices Audace Ngiye, Dr Charles Nyawello and Charles Nyachae.

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