Whether the Treaty and the Common Market Protocol take away the sovereignty of Uganda to deny entry to unwanted persons who are citizens of Partner States of the EAC Submissions 38. Mr Mbugua Mureithi, for the Applicant, submitted on this issue as follows: i) That neither the Treaty nor the Protocol takes away the sovereignty of the Republic of Uganda to deny entry to unwanted persons who are citizens of Partner States of the EAC. It is his contention however, that the exercise of sovereign power by any EAC Partner State to deny entry to citizens of Partner States is heavily qualified and, strictly governed by the Treaty and the Protocol. ii) That under Article 104 of the Treaty, the Partner States undertook to guarantee to all citizens of the EAC free movement of persons, labour and services and to ensure their right of establishment and residence. iii) That by Article 7 of the Protocol, the EAC Partner States guaranteed the free, non-discriminatory movement of citizens of the Partner States within the EAC countries without visas, and that the only limitation to the guarantee of free movement of persons that a Partner State can lawfully impose are contained in Article 7(5) of the Protocol and confined to matters of public policy, public security and public health. iv) That the right of EAC citizens to free movement within the Community is a treaty-right guaranteed by Article 7 of the Protocol, and that Article 7 is in the character of a directly applicable provision which confers upon the individual, rights, and that national governments or their institutions cannot jeopardise, REFERENCE NO.5 OF 2011      Page 20