jurisdiction involving the danger of denial of justice.”[Emphasis
added].
66.
The Respondents argued that the First Instance Division cannot
purport to operate outside the framework of the Treaty and usurp
the powers of other international courts established for the
enforcement
of
obligations
created
by
other
international
instruments, including the African Charter and its Protocol.
67.
We have indicated above that Article 6(d) of the Treaty; which sets
out the Fundamental Principles of the Community, obliges the
Partner States to take into account and observe the provisions of
the Charter concerning, the protection and promotion of human
and peoples’ rights.
68.
The same obligation is emphasized by Article 7(2) of the Treaty
which in stipulating the Operational Principles of the Community,
provides that:“The Partner States undertake to abide by the principles of good
governance, including adherence to the principles of democracy,
the rule of law, social justice and
maintenance
of
universally
accepted standards of human rights.”
69.
Articles 6 (d) and 7(2) of the Treaty empower the East African
Court of Justice to apply the provisions of the Charter, the Vienna
Convention, as well as any other relevant international instrument
to ensure the Partner States’ observance of the provisions of the
Treaty, as well as those of other international instruments to which
the Treaty makes reference. The role of the Court in the instant
Reference, was to ascertain the Partner States’ adherence to,
22