EACJ Halts Swearing-In of Somalia’s EALA Members Amid Legal Challenge to Election Process

Arusha, Tanzania (Sahan Post):— The East African Court of Justice (EACJ) has issued an interim order blocking the swearing-in of nine Somali nominees to the East African Legislative Assembly (EALA), pending the determination of a lawsuit challenging the credibility and legality of their election.

The consolidated petition, brought by three Somali applicants, contests the process used in October 2025 to select Somalia’s representatives to the regional assembly. The applicants argue that the election violated Article 50 of the East African Community (EAC) Treaty, which demands that EALA representatives be chosen through a transparent, competitive and broadly representative process.

According to the petitioners, the selection was dominated by Somalia’s ruling Justice and Solidarity Party (JSP) and disproportionately favoured elite sub-clans aligned with the country’s senior political leadership. They contend that the outcome failed to reflect the diversity and political balance envisaged under the EAC framework.

In a ruling delivered on 21 November 2025, the court affirmed that the challenge was filed before the nominees were sworn in — a key factor that placed the matter squarely within its jurisdiction. The judges cautioned that allowing the nine individuals to assume office before the case is heard could cause what they described as “irreversible harm” to the integrity of the Assembly.

“The 2nd Respondent, its Speaker, Clerk or any officer acting on its behalf, is restrained and prohibited from convening, recognizing, administering the oath of office to, seating, or otherwise treating as validly elected representatives of the Federal Republic of Somalia the nine individuals whose names were transmitted pursuant to the Federal Parliament Resolution dated 16 October 2025,” the court said in its interim order.

Somalia conducted its first EALA election in October 2025, following its accession to the East African Community in March 2024. A five-member ad hoc committee had drafted the rules and electoral timetable, after which Parliament, sitting jointly, elected nine candidates. But the applicants claim the process lacked meaningful competition and failed to adhere to the standards of transparency and inclusivity required under the Treaty.

The court found that the petitioners had established a strong prima facie case. It added that any harm resulting from the seating of potentially illegitimate members could not be undone through compensation.

“No monetary award could restore the Applicants’ forfeited opportunity to contest in a genuine, Treaty-compliant election, reverse legislation or decisions influenced by improperly seated members, or repair the broader erosion of democratic norms and the Community’s people-centred integration agenda,” the ruling noted.

Judges further determined that maintaining the current status quo, with Somalia temporarily lacking representation in EALA — was preferable to risking damage to the Assembly’s legitimacy. The EACJ declared the matter urgent and ordered it be scheduled for priority hearing.

— Sahan Post

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