KISUMU
  16-02-2008
    By Leo Odera Omolo
  
  The hearing of a legal suit in which the East African Law Society and regional Bar Association are challenging last year’s amendments to the East African Community Treaty has been pushed back to give the on-going mediation in Kenya’s political crisis a chance.
  
  This follows an application for adjournment at the request of Kenya’s Attorney General Amos Wako, who is the first respondent in the case.
  
  The case will now be heard from May, 7 2008. The decision to postpone the hearing date was made when the case came up for mention at the Arusha-based East African Court of Justice on January 29, 2008.
  
  Delivering the ruling, EACJ Judges Joseph N. Mulenga, Mary Stella, Aracha Amoko and Harold Nsekela allowed the adjournment under the special circumstances clause set  out by section 54 (39) of the EACJ rules of procedure.
  
  The application by AG Amos Wako follows the ongoing post-election mediation in Kenya in which he is involved.
  
  The mediation is led by former UN Sectary General Dr. Kofi Annan.
   
  Justice Mulenga , who is also EACJ’s Vice President is said to have expressed his “heartfelt sympathy and regret” over the current situation in Kenya and to have said that he hoped the healing process in the country would continue.
  
  The case dates back to November 2006, when Kenya’s Orange Democratic Movement (ODM) Secretary General Prof. Anyang’ Nyong’o and ten others sued the Kenya Attorney General and five others, seeking an injunction to restrain the swearing on of the Kenyan nominees to the second East African Legislative Assembly ( EACJ) pending the  final disposal of the main reference.
  
  The court heard and delivered its ruling, granting the interim orders prayed for by the claimants. The order had the effect of temporarily stopping the swearing-in of all members of the East African Legislative assembly.
  
  The court finally ruled that fresh election for Kenyan representatives to the East African Legislative Assembly be held, leading to an uproar in some circles in the member states and ultimately to the amendment of the EACJ Treaty by the member states. The amendment in effect reduced the powers of the EACJ.
  
  That is what prompted the East African Law Society, together with the four of the national Law Societies in the region–the Law Society of Kenya, the Law Society of Tanzania, the law Society of Uganda and the Law Society of Zanzibar–to file a reference at the EACJ to challenge the amendment to the Treaty by the EAC Summit as well as the application for an interim injunction to halt implementations of the amendments.
  
  The parties involved have thereafter met twice to negotiate the amount of a court settlement. The adjournment offers the parties more time to continue with negotiations and consultations if need be.
   
  ENDS
  leooderaomolo@yahoo.com