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
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