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The background of the application is not in dispute. The applicant,
Anthony Calist Komu, is member of the CHADEMA political party in the
United Republic of Tanzania. He was an unsuccessful candidate in the
election of the representatives of the United Republic of Tanzania to
the East African Legislative Assembly (hereinafter referred to as the
“EALA”), conducted in April last year by the Tanzania Parliament. He
filed the instant Reference in this Court on 15th June, 2012 to challenge
the process of the said election on the ground that it violated the
provisions of Article 50 of the Treaty for the Establishment of the East
African Community (hereinafter referred to as the “Treaty”. He prayed
for a declaration to that effect and for an order prohibiting the
Parliament of the United Republic of Tanzania from further violation of
Article 50 of the Treaty in future elections to the EALA. He prayed for
the costs of the Reference as well.
The Reference was served on the Attorney General of the United
Republic of Tanzania on the 19th of June, 2012. The Attorney General
did not file a response within the 45 days prescribed under Rule 30(1)
of the Rules of this Court.
Nonetheless, the Reference was cause listed for a Scheduling
Conference in accordance with Rule 53 on the 30th of January 2013.
The Notice of the Scheduling Conference was duly served on the
Attorney General as evidenced by the affidavit of service of one
Mennas Donald Mafwere, a clerk of the East African Court of Justice
(EACJ) at the Dar es Salaam sub‐Registry.
On 30th January 2013, when the file was called before us, learned
Counsel for the Applicant, Mr. Edson Mbogoro informed Court that he
was ready to proceed with the Scheduling Conference. On the other
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