106. We think that whether it was Kenya Airways which took him into custody as the Notice requested, or it was the Immigration officials who held him for some time and Kenya Airways the rest of the time, is not material. What we find material is that it was all done in execution of the illegal Notice of the Principal Immigration Officer. Without it, he would have been attending the meeting with Uganda’s Chief Justice or remain a free man in Kampala. Consequently, our view is that once the illegal decision to declare the Applicant a prohibited immigrant was made and the Notice to remove him from Uganda was issued the rest of the actions were merely foregone conclusions. 107. What matters is that he was not a free man, and that his Treaty guaranteed freedom of movement within a Partner State was cut short as a result of the actions and decisions of the Partner State’s immigration officials, which actions were illegal under the Treaty, the Protocol and national law. The act of pinning Kenya Airways with responsibility for bringing a prohibited immigrant into Uganda narrowed the Applicant’s possibilities to one, namely, that he would remain under some custody until he boarded the next available Kenya Airways flight to Nairobi. The detention instruction was complete when the illegal Notice was issued, not when he was put into whichever custody that he was put. 108. Detention is indeed deprivation of liberty. When it is illegal it is not only an infringement of the freedom of movement, but also an act that undermines one’s dignity. Furthermore, when a citizen of a Partner State is illegally detained in another Partner State, with no right to be informed why or to be heard in his defence, and the reasons cannot be disclosed, even in a court of law, it is not just a violation of the Treaty, it is indeed a threat to integration. REFERENCE NO.5 OF 2011      Page 47