African Charter on Human and Peoples’ Rights, the Protocol to the
African Charter on Human and Peoples’ Rights on the Establishment of
an African Court on Human and Peoples’ Rights and all other
International Human Rights Conventions, International Law as well as
their various National Constitutions and Laws.
j) The 2nd, 3rd 4th and 5th Respondents as Attorney Generals of Uganda,
Kenya, Rwanda and Burundi are vicariously liable for the actions of
their respective Governments.
k)This Court is seized with jurisdiction to handle this matter by virtue
of Articles 6, 7(2), 8(1)(c), 23, 27(1) and 30 of the Treaty for the
Establishment of the East African Community and Rules 1(2) and 21 of
the East African Court of Justice Rules of Procedure as there are
serious questions for determination by Court the legality of any Act,
regulation, directive, decision or action of a Partner State or Institution
of the Community on grounds that such an Act, regulation, directive,
decision or action is unlawful or is an infringement of the provisions of
the Treaty(sic).
l) Costs of this Reference be provided for.”
Factual Background
4. The facts of the Reference are undisputed and they are as follows:
The Republics of Uganda, Kenya, Rwanda and Burundi are all signatories to the
African Charter and the Protocol. Article 34(6) of the Protocol provides as
follows:
“At the time of the ratification of this Protocol or any time thereafter,
the State shall make a declaration accepting the competence of the
Court to receive cases under Article 5(3) of this Protocol. The Court
7|Page