The East African Legislative Assembly (EALA) is facing a legal and ethical dispute over two allegedly vacant seats, after the Acting Counsel to the East African Community, Dennis Kibirige, challenged the EALA Speaker’s declaration of vacancies.
In an internal memo to the Clerk of EALA, Kibirige argued that “the members referred to in the EALA Speaker's letter were elected to the 12th Parliament of Uganda, which will commence in May 2026.
Until then, no vacancy is created by their election.”
The memo refers to a letter from the EALA Speaker to the Rt. Hon Speaker of the Parliament of Uganda, dated March 17, 2026, claiming that the positions were vacant.
Kibirige contends that under Article 51(3) of the EAC Treaty, James Kakooza and Dennis Namara remain full EALA members until they are formally sworn in as MPs in Uganda.
He warns that prematurely declaring vacancies could “attract unintended consequences” and urged the Assembly to retract the letter.
Denis Namara, one of the MPs affected, welcomed the Acting Counsel’s clarification, noting that it “is necessary to avoid any confusion or legal issues.”
The controversy highlights a growing dilemma in EALA’s legal framework. Currently, the law does not explicitly require an EALA member to resign their seat before contesting national elections or applying for public office.
Critics argue that this loophole is being exploited by some MPs to secure positions in the Ugandan Parliament or other public offices while retaining their EALA privileges, including allowances and immunity.
Legal experts suggest this practice raises both ethical and governance concerns, as it allows members to pursue personal political ambitions at the expense of accountability and institutional stability.
Some argue that EALA should seize this moment to amend its rules, making it mandatory for any member who decides to vie for a political office or public appointment to first resign from their Assembly seat.
Such a measure would align EALA with international norms and reduce conflicts of interest.
Meanwhile, the NRM Electoral Commission continues to receive expressions of interest for the contested positions, leaving the legal and political dispute unresolved.
Observers note that how EALA handles this matter could set a precedent for balancing individual ambition with institutional integrity in the East African regional body.
