ii) Whether the actions, omissions and commissions of the 1st Respondent infringe on the Treaty for the Establishment of the East African Community. iii) Whether the 2nd Respondent has failed to fulfill his obligations under Articles 29 and 71 (1) (d) of the Treaty and ; iv) Whether the Applicant is entitled to the declaratory Orders he seeks. 22.We also deem it important to note at this stage that the issues raised by the 2nd Respondent by way of Preliminary Objection and which were argued at the hearing, will require our determination for reasons to be seen shortly. 23.We also propose to determine the issue of Jurisdiction first because without it there is nothing ; and if we find that we have no jurisdiction then we must down our judicial tools and take no further step(see Re Owners of Motor Vessel ‘Lilian S’ vs Caltex Oil(K) Ltd [1989]KLR 1) Consideration and determination of Issue No(1 )Whether the East African Court of Justice has jurisdiction to entertain the Reference Submissions 9