travelling outside the territory of Burundi is in contravention of the rule of law principle embodied in Articles 6(d) and 7(2) of the Treaty. Prayer (e): An order removing into this Court for purposes of quashing and or setting aside the decision and orders of the Court of Appeal of Bujumbura made on 28th January 2014 in case No. RA10 between the Public Prosecutor and Mr. Isidore Rufyikiri and an order directing the Court of Appeal of Bujumbura, the Bar Council and the Government of Burundi to immediately and forthwith reinstate Mr. Isidore Rufyikiri to the Roll of Advocates of the Court of Appeal of Bujumbura. The prayer is not allowed because it falls outside the Court’s jurisdiction owing to the proviso to Article 27(1) of the Treaty. Prayer (f): An order immediately and forthwith quashing, setting aside and or lifting the decision and orders of the Public Prosecutor to the AntiCorruption Court of the Republic of Burundi prohibiting Mr. Isidore Rufyikiri from travelling beyond the national borders of Burundi. The prayer is overtaken by events since the travel ban has been lifted. Prayer (h): An order directing the 2nd Respondent to constitute and commission an evaluation process to establish whether or not the governance and constitutional framework within the Republic of Burundi adheres to the threshold specified in Articles 6(d) and 7(2) of the Treaty; and to advise both the Council and the Summit of the East African Community on whether the Republic of Burundi should be suspended or expelled from the East African Community under Articles 29,67,71,143,146 and 147 of the Treaty. This prayer is based on Issue No. 3. In determining this issue, the Court finds that although some actions had been undertaken in line with the 2nd Respondent’s responsibilities under Article 71(1)(d) of the Treaty, no effective action to overcome the 1st Respondent’s lack of cooperation was initiated as such an action would be effected under Article 29 of the Treaty. The 2nd Respondent should REFERENCE NO.1 OF 2014 Page 40

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