EACJ dismisses Burundi’s appeal against Ngoga election

The East African Court of Justice (EACJ) has announced its final and definitive decision upholding the election of Martin Ngoga as the Speaker of the East African Legislative

The case follows Burundi’s appeal against the December 2017 election in which Ngoga, a Rwandan, was elected as the fifth Speaker of EALA, during the second round of voting after lawmakers from Burundi and Tanzania boycotted.


The election proceeded and saw Ngoga win to replace Uganda’s Daniel Fred Kidega.


Contesting election


Burundi contested the election results and promptly filed a case with the EACJ.

The case was first dismissed by the EACJ’s First Instance Division in July last year ruling that the election had not violated the EAC Treaty in any way.

At the time, the court said that Burundi had not provided proof that there was indeed any violation of electoral procedures.

However, Burundi appealed the decision.

Ugandan Lawmaker Fred Mukasa Mbidde recently told The New Times after Burundi lost the first case that the court’s decision is a display of the resolve by East Africans to prefer order to anarchy.

The government of Burundi, he said, should desist from seeking to order around members of the Assembly even on matters of who should govern them.

 In a statement issued Thursday, June 4, the court said that it had with majority judgment by four to one judges, dismissed the case with costs to the Respondent and the Intervener.  

“Court has held that the Appeal was contrary to Art 35 of the Treaty on appeals requiring such to be based on matters of law or/and procedural errors. Appeal dismissed with costs to the Intervenor Hon Mukasa Fred Mbidde and respondent EAC on both the 1st instance and appellate court levels,” it says.

The fourth Assembly and Ngoga’s tenure started in 2017 and will end in 2022.


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