REASONED RULING OF THE COURT
1. The Applicant, East African Civil Society Organisations Forum
(EACSOF), is a platform for Civil Society Organisations in East Africa
that seeks to build ‘a critical mass of knowledgeable and empowered
civil society in the region in order to foster their confidence in
articulating grassroots needs and interests to the EAC (East African
Community) and its various organs, institutions and agencies.’ On the
other hand, the Second Respondent is the body responsible for
conducting national elections in Burundi.
The First and Third
Respondents are self-defining.
2. On 6th July 2015, the Applicant filed Reference No. 2 of 2015
EACSOF vs. Attorney General of Burundi and 2 Others, as well
as the present Application before this Court.
The Application
sought interim orders pending the hearing of the Reference. It
specifically sought Orders for the stay of Decree No. 100/177 of the
9th June 2015 that postponed the Presidential and Senatorial
Elections to 15th and 24th June 2015 respectively, as well as the stay of
the Second Respondent’s decision dated 12th June 2015 that
apparently approved the nomination of Mr. Pierre Nkurunziza as a
candidate in the Presidential Election.
The Application further
sought an Order directing the Second Respondent and the
Government of the Republic of Burundi to postpone the
Presidential and Senatorial Elections.
3. The Application was inter alia premised on the following grounds:
a. The situation in Burundi required urgent attention.
Reference No. 5 of 2015
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