to expire on 26th August 2015, meaning that the Presidential Election
had to be conducted at least before 26th July 2015. This submission
was not rebutted by learned Counsel for the Applicant. This Court
has since confirmed the relevant constitutional provision in that
regard to be Article 103 of the Burundi Constitution. We therefore
find no reason to disallow the connotation of urgency represented
by that submission.
26.Therefore, as this Court did find in Timothy Alvin Kahoho (supra),
we find that the totality of the circumstances of this case are such
that stopping the Election at this stage would occasion injury to the
rights of the Burundi citizenry - that the Applicant purports to be
speaking for – to the maxims of rule of law and good governance as
enshrined in their National Constitution. Contrary to the assertions
of learned Counsel for the Applicant, as quite clearly stated in the
grounds of this Application, the Applicant herein did, as in the
Kahoho case, take issue with the procedure leading up to the
Elections in issue presently. Therefore the decision in that case is
quite pertinent to the present Application.
27.In the result, weighing the balance of convenience in this matter, we
take the considered view that to exercise our judicial discretion to
protect the Applicant’s right to security, peace and stability in the
absence of satisfactory proof of the injury and inconvenience likely
to be suffered by that Party in the event that the injunction were not
granted, would negate the corresponding obligation to protect the
Burundian people against the violation of their constitutional right
to timely elections, not to mention the constitutional duty upon the
Reference No. 5 of 2015
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