freedoms under Articles 6 (d), 7 (2) of the Treaty and the guarantee of
free movement within the East African Community under Article 104 of
the Treaty and Article 7 of the Protocol.
10. The Applicant says that the Reference is premised on Articles 6(d), 7(2),
27,30,38 and 104 of the Treaty, Article 7 of the Protocol and Articles 2, 6,
7,9,11 and 12 of the Charter.
11. The Applicant prays for the following orders:(i)
A Declaration that the denial of the Applicant, a citizen of one of the
Member States of the East African Community, of entry into Uganda
without according him a hearing, due process of law or any legal or
administrative process is illegal, unlawful and a breach of Uganda’s
obligations under Articles 6(d) and 7(2) of the Treaty.
(ii)
A Declaration that the denial of the Applicant, a citizen of one of the
Member States of the East African Community, of entry into Uganda,
without Treaty based reasons, is illegal, unlawful and a breach of
Uganda’s obligations under Articles 104 of the Treaty and 7 of the
Protocol.
(iii)
A
Declaration that the stoppage, restraining, and detention of the
Applicant at Entebbe International Airport, denial of entry into Uganda
and subsequent deportation back to Kenya without disclosure of the
reasons for the declaration of status of prohibited immigrant, without
due process of law or any form of administrative process before the
declaration of status of prohibited immigrant and subsequent
deportation are violations of the Applicant’s fundamental rights and
freedoms as to freedom from discrimination, freedom from arbitrary
arrest and detention, right to fair administrative action, right to
information and freedoms of association, assembly and movement
REFERENCE NO.5 OF 2011
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