compensate any purported injury suffered by the Applicant, but
questioned the injury the Applicant stood to specifically suffer in
the event that President Nkurunziza was re-elected President of
Burundi. Finally, on the balance of convenience, learned Counsel
cited the following decision in Timothy Alvin Kahoho (supra) in
support of his view that stopping the election process in Burundi at
this stage would occasion more injury to the citizens of Burundi and
East Africa that the Applicant purported to represent:
“Above all, when the totality of circumstances of the case
are examined, we find that stopping the process at this
stage would in our view occasion more injury to the
citizenS of East Africa whom the Applicant purports to be
fighting for since a substantive sum of tax payers money
has already been spent on the process.
As we stated
earlier, the Applicant seems to be challenging the
procedure not the substance of the directives in
question. We are accordingly of the considered view that
the balance of convenience favours the Respondent.”
8. In a brief reply, Mr. Deya reiterated his earlier position that this Court
does have the jurisdiction to entertain the issues raised in the present
Application, as well as the Reference in respect of which it arose.
Learned Counsel did also acknowledge that one Janvier Bigirimana, a
deponent of an affidavit in support of the Application, was indeed a
member of the Applicant entity. Finally, Mr. Deya distinguished the
case of Timothy Alvin Kahoho (supra) as cited by learned Counsel for
the First Respondent from those in the present Application in so far as
Reference No. 5 of 2015
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