30.Finally, relying on the authority of James Katabazi & 21 Others Vs.
Secretary General of the East African Community – Reference No. 1 of
2007, Counsel submitted that this Court’s jurisdiction is not ousted merely
because the acts complained of are based on allegations of human rights
violation and that following the Katabazi case (supra) ,this Court should
not abdicate from its duty to interpret the Treaty even if the issues raised in
the Reference may touch on human rights.
1st Respondent’s Submissions
31.Mr. Nestor Kayobera, for the 1st Respondent, in a nutshell submitted
that while this Court has jurisdiction to hear and determine the Reference
in respect of prayers (a), (b) and (c) of the said Reference, it lacks
jurisdiction in respect of other prayers basically for the following reasons:
(a) That the Court’s jurisdiction ought to be in accordance with Articles
27(1), (2) and 30 (3) of the Treaty and that under Article 27(1) “the
Court shall initially have jurisdiction over the interpretation and
application of this Treaty; provided that the Court’s jurisdiction
to interpret under this paragraph shall not include the
application of any such interpretation to jurisdiction conferred
by the Treaty on organs of Partner States’.
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