18.Secondly, that he was irregularly impleaded without leave of Court and contrary to the requirement of pleadings that amendments must be highlighted in distinct colour appended to the original pleading. 19.Thirdly, the 2nd Respondent also firmly maintains that his conduct has been consistent with the requirements of his office and that he has discharged his obligations in accordance with the Treaty and, therefore, there are no grounds for the grant of the reliefs sought by the Applicant against him and consequently prays that the Reference be dismissed with costs. Scheduling Conference 20.At a Scheduling Conference held on 23rd January 2013, all the Parties were in agreement that there are triable issues based on the provisions of Articles 6, 27, 29 and 30 of the Treaty. 21.The issues that were framed and agreed for adjudication are therefore as follows:i) Whether the East African Court of Justice has jurisdiction to entertain the Reference. 8

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