(supra) and Plaxeda Rugumba & Attorney General of Rwanda, EACJ Ref. No. 8 of 2010. We need not elaborate on this matter since it has been extensively debated in the said cases. It is, however, worth mentioning that the Reference before the Court invokes the Court’s jurisdiction to interpret and apply the provisions of the Treaty. The Applicant seeks, among others, to invoke the Court’s jurisdiction to hear and determine whether the 1st Respondent has breached the fundamental principles of the Treaty set out in Article 6(d) by keeping him in detention and whether the 2nd Respondent has violated Articles 29 and 71 (1) of the Treaty. 33. We wish to point out that Article 6(d) of the Treaty states that one of the fundamental Principles that shall govern the achievement of the objectives of the Community by the Partner States is: “good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunity, gender equality, as well as the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter of Human and Peoples’ Rights.” 34. Given the foregoing and guided by the Court’s previous decisions on similar matters [see for example - Plaxeda Rugumba’s case (supra), Professor Peter Anyang’ Nyong’o & 10 others Vs. Attorney General of Kenya & 3 others, EACJ Ref. No.1 of 2006; James Katabazi’s case (supra)], we are of the decided opinion, and in agreement with the Respondents, REFERENCE NO.3 OF 2012 Page 12

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