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 Page 15

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