On 18th September, 2010, the Applicant was deported to Kenya without
having been given reasons for his arrest, detention, interrogation and
deportation.
It is the Applicant’s contention that, the above acts of the Respondents were
in violation of Articles 6(d), 7(2) and 104(1) of the Treaty, Articles 2(4)(b),
4(5), 5(2)(b), 7(2), 10(3), 11(1) and 12(1) of the East African Common Market
Protocol and Articles 2, 5, 6, 7, 8, 9, 10, 11 and 12 of the African Charter on
Human and Peoples’ Rights and Principles 16, 17, 18 and 21 of the UN
Basic Principles on the Role of Lawyers.
On the basis of the foregoing, the Applicant sought the following orders:
i.
that the arrest of the Applicant by security agents of Uganda in
complicity with the Kenyan security agents without warrants and the
search and confiscation of his belongings without warrants were
unlawful and unjustifiable and constituted a violation of Articles 6(d)
and 7(2) of the Treaty by the Respondents;
ii.
that the violent arrest of the Applicant without warrants at gunpoint,
hooding him, manacling him in the legs, subjecting him to endless
high speeding into outskirts of Kampala throughout the night while
taunting him of being a terrorist and threatening him with execution
and depriving him of sleep and rest by Ugandan security agents in
complicity
with
Kenyan
security
agents
were
unlawful
and
unjustifiable and contravened Articles 6(d) and 7(2) of the Treaty;
iii.
that the incommunicado and unlawful detention for four days and
confiscation of his belongings without warrants by Ugandan Security
agents in complicity with Kenyan security agents, infringed Articles
6(d) and 7(2) of the Treaty for the Establishment of the East African
Community;
iv.
that the interrogation of the Applicant jointly by the security agents of
Uganda and the security agents of Kenya relating to the Applicant’s
REFERENCE NO.11 OF 2011
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