scheduled may lead to a further deterioration of the security situation in Burundi and the wider East African Community (EAC), and the irreparable damage and harm accruing therefrom could not be adequately compensated by damages. Finally, on the balance of convenience, learned Counsel contended that whereas the First and Second Respondents only stood to suffer the inconvenience of a delayed election, which they had already postponed on several occasions anyway; the people of Burundi, as well as the greater EAC region were likely to suffer absence of rule of law, peace and security. 7. Conversely, the First Respondent argued that Communal and Legislative Elections had already been held in accordance with Decree No. 100/177 of the 9th June 2015 and, therefore, the prayer for the stay of that Decree was superfluous and, in any event, Article 39 of the Treaty entreated the Court to grant interim orders or issue directions that it considered necessary or desirable, but the orders sought in the present application were neither necessary nor desirable. Citing this Court’s decision in Timothy Alvin Kahoho vs. Secretary General of EAC & Another Application No. 5 of 2012 that the discretion to grant or refusal of an injunction must be exercised judiciously, the main purpose of a temporary injunction being to maintain the status quo; Mr. Kayobera questioned the intentions of the Applicant, wondering whether it wished to maintain the current status quo in Burundi of insecurity, anarchy and chaos. On that premise, learned Counsel contended that the Applicant had not established a prima facie case herein. Mr. Kayobera did also argue that an award of damages could Reference No. 5 of 2015 Page 5

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