27. We also need to reflect on the Respondent’s assertion that, in the present Reference, the Applicant is alleging human rights violations as well as seeking declarations that the actions of the Respondent violated the human rights provisions in the Treaty. We hasten to make two points here: 28. First, that the Treaty is neither a Human Rights Convention or a Human Rights Treaty as understood in international law. It is rather a Treaty to govern the widening and deepening of, inter alia, the political, economic, social, cultural, research, technology, defence, security, legal and judicial cooperation between the Partner States, see- Article 5 of the Treaty and Attorney General of Uganda v. Omar Awadh (supra). 29. Secondly, we are not aware of a chapter, article or provision in the Treaty, Protocols and Annexes which designates any provisions therein as “the human rights provisions” . The Respondent merely referred to them but did not show us which ones they are, where they are located and the evidence she relies on. Under Article 1: “Treaty” means the Treaty establishing the East African Community and any annexes and protocols thereto, and it is our view that provisions therein are provisions of the Treaty, plain and simple. The object and scope of each provision is reflected in the titles and sub-titles of the chapters and articles therein. For a litigant to unilaterally sub-designate some Treaty provisions into human rights provisions, just to bring them within the purview of the yet to be given jurisdiction under Article 27 (2) is mischievous, to say the least. 30. In the instant matter, the Applicant’s allegations against the Respondent are that he was denied entry, restrained, arrested, detained, declared a prohibited immigrant, returned to Kenya, denied any legal or administrative process and was not furnished with reasons for these actions. He alleges that these actions violate specific provisions of the Treaty including Articles 104, 6(d), 7(2) and Article 7 of the Protocol. Where he alleges violations of various provisions of REFERENCE NO.5 OF 2011      Page 13 

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