The East African Court of Justice (EACJ) granted an ex-parte order stopping the East African Legislative Assembly (EALA) from the swearing in or recognising of elect MPs from South Sudan pending the hearing inter parties on June 15,2017.
An application filed before the Court by a South Sudanese citizen, Wani Santino Jada, challenged the manner in which the nine South Sudanese candidates were appointed into EACJ to stop them from being sworn in.
The representatives from Juba were supposed to be sworn in on June 5.
Jada, who represented himself in the case, said the candidates from South Sudan were handpicked by President Kiir, claiming that they were not democratically elected.
Jada further said this violates Article 50 of the Treaty for the Establishment of the East African Community, which says the members of the East African parliament to be elected shall represent, as much as feasible, various political parties and shades of opinion.
The South Sudanese citizen pointed out that his complaint against the attorney general of South Sudan, the speaker of South Sudan parliament and the EAC secretary-general, that the candidates were elected through an impugned process.
“We agree with the applicant in this regard,” First Instance Division of EACJ under the Principal Judge Lady Justice Monica Mugenyi ruled, restraining EALA from swearing in the nine elect lawmakers, pending hearing.
The nine candidates are Gai Dheng Nhial, Joseph Okelle, Ann Itto, Gabriel Garang, Gabriel Alaak Garang, Thomas Duoth, Gedion Gatpan Thoan, Isaa Aiz Justin and Adil Elias.
The East African Court of Justice (EACJ) is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community.