JUDGMENT I. INTRODUCTION 1 This is an appeal by the Democratic Party (“ the Appellant”) against the Judgment of the First Instance Division dated 29th November 2013 in Reference No. 2 of 2013, by which that Division dismissed the Reference by holding that it had jurisdiction to ensure the adherence to the law in the interpretation and application of and compliance with the Treaty for the Establishment of the East African Community (“the Treaty”); but that it had no jurisdiction to ensure adherence to the provisions of the African Charter on Human and Peoples’ Rights (“the Charter”) and its Protocol(“the Protocol”) 2 The Appellant lodged the Reference before the First Instance Division of this Court challenging a delay by the 2nd, 3rd, 4thand 5th Respondents to deposit their declarations under Articles 5(3) and 34 (6) of the Protocol. The Appellant contended that such delay constituted an infringement of Articles 5,6, 7(2),8(1) (c), 126 and 130 of the Treaty; and Articles 1,2,7,13,26,62,65 and 66 of the Charter. 3 Before the First Instance Division, the issues raised were as follows: 1) Whether the Court had jurisdiction to entertain the Reference; 2) Whether the issues as presented were justiciable; 3) Whether the Reference disclosed a cause of action against the 1st and 4th Respondents; 2

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