43. On the supervisory role of the Secretary General of the East
African
Community,
Counsel
for
the
3rd
Respondent
contended that the case of Katabazi (supra) cited by the
Appellant is distinguishable on the basis of interpretation of
Article 71 of the Treaty. Counsel concluded that that case,
therefore, was not applicable to the circumstances of the instant
Reference.
44. Accordingly, Counsel urged the Court to dismiss the Appeal,
with costs to all the Respondents.
THE 4TH RESPONDENT’S SUBMISSION.
45. On the issue of jurisdiction, Counsel for the 4th Respondent
submitted that the First Instance Division arrived at a proper
decision by holding that it had no jurisdiction to interpret the
Charter and the Protocol. In so doing, the Court read Article 23
of the Treaty in conjunction with Article 27 (1).
46. Counsel contended that the Treaty provisions cited above
made it clear that the East African Court of Justice can only
interpret the Treaty and not the other international Conventions.
47. As to the alleged delay by the Respondents to deposit their
declarations as per the provisions of the Protocol, the 4th
Respondent submitted that even if, for argument’s sake, the
Protocol were held to enjoin the State Parties to make
declarations within a specific time; and thus, not doing so
occasioned a violation of the Charter and the Protocol, the East
African Court would not be the proper forum to provide redress.
The right forum would the African Court pursuant to Article 3 of
15