serious problems for itself in the execution of its mandate.
The 2nd Respondent is still concerned that this would create a
very dangerous precedence where any individual in the region
of millions and millions would bring any human right issue
before this Honourable Court, including those pending before
national courts of Partner States especially those who are
politically motivated (sic) …….”
Our view, with respect, differs considerably with that stated
above by the 2nd Respondent. We say so because the EACJ is
one of the organs of the EAC established by Article 9(1)(e) of
the Treaty. Article 27 of the Treaty grants locus standi to “any
person who is resident in a Partner State” to bring for
determination to the court ,but within the mandate and
jurisdictional parameters created by the Treaty, any matter
regarding alleged breach of the Treaty. Whether the residents
come in small numbers or in millions, is not a matter for the
court to be overly concerned with. What should concern it is
whether any Partner State has breached any provision of the
Treaty
and
whether
a
remedy
is
available
to
the
resident/Applicant. It would be expected that when the Court
rules in favour of a particular resident/Applicant, the effect
REFERENCE NO.8 OF 2010
Page 29