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 Page 6

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