or criminal offence against the laws of Uganda or the East African Community to warrant the denial of entry into Uganda and deportation back to Kenya. 9. In the premises he asserts that the subject matter of this Reference is that the above actions of the Republic of Uganda under the advice of the Respondent are: i) in violation of Uganda’s obligations under Article 104 of the Treaty. ii) in violation of the guarantees of free movement and non-discrimination of East African citizens under Article 7 of the Protocol. iii) illegal, unlawful and in violation of Uganda’s obligations under Articles 6(d) and 7(2) of the Treaty with regard, particularly, to the denial of the due process of law or fair administrative process. iv) in violation of the fundamental rights and freedoms of the Applicant against discrimination, freedom from arbitrary arrest and detention, the right to a fair and just administrative action, the right to information and freedoms of assembly, association and movement guaranteed by Articles 2,6,7,9,10,11 and 12 of the Charter. v) and that the provisions of Section 52 (a), (b), (c), (d) and (g) of the [Uganda] National Citizenship and Immigration Control Act (Chapter 66 of the Laws of Uganda) bestowing unchecked and overarching discretionary powers to the Minister and the Director of Immigration to unilaterally declare any person, including a citizen of a Partner State of the East African Community, (EAC) as a “Prohibited Immigrant”, without affording him or her a hearing, due process of law or any formal administrative process, are inconsistent with and in violation of Uganda’s obligations to respect, uphold and observe the rule of law, transparency, accountability and human rights as well as fundamental REFERENCE NO.5 OF 2011      Page 4