English as the official language of the Community. Indeed, Article 46
of the Treaty explicitly designates English as the official language of the
Court. Secondly, and perhaps more importantly, when the Court sat
on 14th July 2015 it transpired that the Burundi Presidential Election
had been postponed to 21st July 2015 therefore the urgency that
presumably underscored the Application for ex parte interim orders no
longer prevailed. It was, therefore, ordered that the Application be
heard inter partes on 20th July 2015.
5. At the hearing of the Application inter partes, the Applicant was
represented by Mr. Donald Deya, while the First Respondent was
represented by Mr. Nestor Kayobera.
The Second and Third
Respondents did not make any appearances, the latter reportedly
having instructed Mr. Kayobera that he would abide by the Court’s
decision in the Application. Upon hearing the parties that were
represented at the hearing hereof, this Court did deliver a summary
Ruling dismissing the Application and reserved reasons therefor to
be given on notice to the Parties. This course of action is duly
provided for in Rule 68(3) of the East African Court of Justice Rules
of Procedure (hereinafter referred to as ‘the Court’s Rules’). We do
hereby deliver our reasoned Ruling in this matter.
6. In a nutshell, it was argued for the Applicant that the Application
disclosed a prima facie case in so far as the implementation of a
Constitutional Court decision by the First and Second Respondents
constituted a violation of the Constitution of Burundi and the
Arusha Peace Agreement, and therefore, the Treaty. Mr. Deya did
also argue that attempting to hold the Presidential Elections as
Reference No. 5 of 2015
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