The Rwandan Justice System has no jurisdiction to do so neither does any other Judicial body in a Partner State have that jurisdiction. The EACJ is the only Court mandated to determine whether the EAC Treaty has been breached or violated and we have said elsewhere above that in the present case, there is Jurisdiction to do so. Whether the Applicant’s complaints can be addressed elsewhere is immaterial to the exercise of Jurisdiction under the Treaty and so the 2nd Respondent’s contention to the contrary is dismissed. (D) WHETHER THE 1ST RESPONDENT IS IN BREACH OF THE TREATY BY HIS FAILURE TO INVESTIGATE THE ALLEGED BREACHES BY THE 2ND RESPONDENT 32. In answer to the above issue, it has not been denied by the Applicant that prior to the filing of the Reference, the 1st Respondent had no notice of the alleged complaint. It would not therefore be reasonable to expect him to have taken any necessary action before 8th November 2010 when the Reference was filed. We have seen correspondence initiated by the 1st Respondent subsequent to that date and since the matter relates to actions taken prior to that date, we are convinced that to condemn the 1st Respondent for inaction in a REFERENCE NO.8 OF 2010 Page 22

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