Nalubega v Kinyamatama and Another (Election Petition Appeal No. 27 of 2021) [2022] UGCA 156 (26 May 2022)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 27 of 2021
Judge
Monica K. Mugenyi, JA, Kibeedi Mutangula, JA, Musoke, JA
The Court of Appeal held that nomination complaints about a candidate’s eligibility must be raised before the Electoral Commission, not after the election.
Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021) [2022] EACJ 18 (28 February 2022) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal No.4 of 2021
Judge
Kayobera P, Kiryabwire VP, Mjasiri JA, M'lnoti JA, Mugeni JA
The EACJ Appellate Division held that it does not exercise appellate jurisdiction over national courts, including the Supreme Court of Kenya, but is empowered to determine whether acts or omissions of Partner State organs, including judicial organs, violate the EAC Treaty. The Court found that the Reference was properly before it, as the impugned act was the Supreme Court's decision, and the Reference was filed within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court affirmed that access to justice and the rule of law are fundamental and operational principl…