by the Treaty on organs of Partner
States.
2. The Court shall have such other original,
appellate, human rights and other jurisdiction as
will be determined by the Council at a suitable
subsequent date. To this end, the Partner States
shall conclude a protocol to operationalise the
extended jurisdiction.”
20. We have heard the 2nd Respondent to argue that the issues
raised by the Applicant are matters of a Human Rights nature
which are not part of the “initial” Jurisdiction of the Court and
therefore without a Protocol to operationalise any extended
Jurisdiction, the Court cannot purport to exercise jurisdiction
which has specifically been denied to it by the Treaty.
21. There is no debate that the extended jurisdiction as envisaged
by Article 27(2) has not been conferred on this Court and in
Katabazi and 21 others vs. Secretary General of the East
African Community and A. G. Uganda, Reference No. 1 of
2007, the predecessor to this Court stated partly as follows;
“It is very clear that Jurisdiction with respect to
Human Rights requires a determination of the
Council and a conclusion of a protocol to that effect.
Both of those steps have not been taken. It follows,
therefore, that this Court may not adjudicate on
REFERENCE NO.8 OF 2010
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