JUDGMENT OF THE COURT INTRODUCTION 1. This is a Reference by one HILAIRE NDAYIZAMBA, a resident of the Republic of Burundi, (hereinafter referred to as the “Applicant”). His address for the purpose of this Reference is indicated as C/O Mr Isidore RUFYIKIRI, Avenue Nicholas MAYUGI-‘KU MUGUMYA’, P.O. Box 1745 Bujumbura, Burundi. 2. The Reference was filed on 23rd February 2012 under Article 30 of the Treaty Establishing the East African Community and Rules 1(2) and 24 of the East African Court of Justice Rules of Procedure (hereinafter referred to as the “Treaty” and the “Rules”, respectively). It is also premised on Articles 3(3) (b), 6(d), 7(2), 8(4), 27(1) and 30(1) and (2) of the Treaty. 3. The Respondents are the Attorney General of the Republic of Burundi and the Secretary General of the East African Community who are sued on behalf of the Government of the Republic of Burundi and of the East African Community in their respective capacities as the Principal Legal Adviser of the Republic of Burundi and the Principal Executive Officer of the Community. REPRESENTATION 4. The Applicant was represented by Mr. Isidore Rufyikiri. Mr. Nestor Kayobera appeared for the 1st Respondent, while Mr. Wilbert Kaahwa, Learned Counsel to the Community appeared for the 2nd Respondent. REFERENCE NO.3 OF 2012 Page 2

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