31. In line with the foregoing, Counsel for the Applicant submitted that
the commitments by the Government of the Republic of Burundi are to
inter alia adhere to the principles of good governance and rule of law
under Article 6(d) and 7(2) of the Treaty.
32. As regards his case against the 2nd Respondent, Counsel submitted
that the cause of action arose because he failed in his obligations
under Articles 29(1) and 71(1)(d) of the Treaty to regularly monitor the
observance of the Treaty obligations by the Government of Burundi so
as to advise the Council of Ministers and the Summit of Heads of State
over measures to effect compliance by the Republic of Burundi with its
commitments under the Treaty.
33. Secondly, Counsel stressed that the cause of action in the instant
Reference is not a breach of the human or other rights of Mr. Rufyikiri,
but the alleged infringements of Treaty obligations. In support of this
contention, Counsel relied to the decision of this Court in Samuel
Mukira Mohochi Vs The Attorney General of the Republic of
Uganda, EACJ Ref. 5 of 2011. He hastened to add that although Mr.
Rufyikiri’s rights are referred to in the Reference, the Court had
decided that it would not abdicate from exercising its jurisdiction of
interpretation under Article 27(1) of the Treaty merely because the
Reference includes allegation of human rights violation. [See James
Katabazi and 21 others Vs The Secretary General of the East
African Community and other, EACJ Ref. 1 of 2007 (The Katabazi
Case) and The Attorney General of the Republic of Kenya Vs
Independent Medical Unit, EACJ Appeal 1 of 2011 (The IMLU
Case)]
34. Counsel further argued that “The Partner States’ obligations, to
their citizens and residents, in respect of good governance, have
‘through those States’ voluntary entry into the EAC Treaty, been
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