24.The question as to whether this Court has jurisdiction to entertain the
Reference was raised by the 1st Respondent in his response to the
Amended Reference filed on 22nd February 2013.
The Applicant’s Submissions
25.Mr. Onsongo ,who argued the case for the Applicant ,was emphatic that
this Court has jurisdiction to entertain the Reference and that Article 30 of
the Treaty confers jurisdiction on any litigant resident in a Partner State of
the East African Community to institute proceedings alleging that there is a
violation of the Treaty. It is also his submission that any such litigant has
direct access to the Court for the determination of any issue relating to
infringement of the Treaty without the requirement for the exhaustion of
local remedies.
26.He further contends that by dint of the provisions of Article 30 (1) of the
Treaty, the instant Reference is properly before the Court and
that
pursuant to the aforesaid provisions of the Treaty, not unlike each of the
Partner States, the Republic of Burundi has undertaken to honour
commitments
in
respect
of
other
organizations of which it is a member.
10
multinational
and
its
international