(See for example the Katabazi case (supra), the Rugumba case( supra),
the case of Omar Awadh & 6 Others vs Attorney General of Kenya,
EACJ Appeal No. 2 of 2012 and EACJ Ref. No. 5 of 2011 – Samuel
Mukira Mohochi Vs. The Attorney General of the Republic of Uganda )
42.Without belabouring the point, we find and hold that this Court has
jurisdiction to entertain the Reference in so far as prayers (a), (b) and (e)
of the Reference are concerned.
43.As regards prayers (c ) and (d),we have no jurisdiction to make such
orders and we decline the invitation to perform the duties properly
conferred on the National Courts of Burundi.
Preliminary Objection
44.Although a preliminary objection should ordinarily be raised at the
earliest stage of any legal proceeding, we deem the one raised by the 2nd
Respondent sufficiently important to address in this Judgment.
On amendment of the Reference
45.In Modern Holdings Limited vs Attorney General of Kenya,EACJ
Ref.1 of 2008, this Court upheld an objection on the basis that a proper
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