By Zakaria Hassan - Reporter
Tanzania, 21 November 2025 — The East African Court of Justice (EACJ) has issued an interim order blocking the swearing-in and seating of nine Somali nominees to the East African Legislative Assembly (EALA), pending the full hearing of a legal challenge questioning the integrity of their election.
The consolidated case, filed by three Somali applicants, alleges that the October 2025 process used to select Somalia’s EALA representatives violated Article 50 of the East African Community (EAC) Treaty, which requires elections to be transparent, competitive and representative.
The applicants argue that the process was dominated by the ruling Justice and Solidarity Party (JSP) and favoured elite sub-clans closely linked to Somalia’s top political leadership.
In its ruling delivered on 21 November 2025, the court found that the challenge was brought before the nominees had been sworn in, meaning it fell within the court’s jurisdiction as a pre-seating dispute.
The judges warned that allowing the nominees to take office before the case is determined could cause 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 ruling stated.
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The court noted that Somalia conducted its first EALA election in October 2025 after joining the EAC in March 2024. A five-member ad hoc committee set election rules and timelines, after which Parliament voted in a joint sitting and declared nine candidates elected. However, the applicants claim the process lacked genuine competition, transparency and fair representation.
In assessing the case, the court said the applicants had established a strong prima facie case and that any harm caused by seating potentially illegitimate members could not be remedied by financial 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 judges added.
The court ruled that the balance of convenience favoured maintaining the current status quo, where Somalia has no representatives seated in EALA, rather than risking the legitimacy of the Assembly. It ordered that the matter be treated as urgent and scheduled for priority hearing.
