sovereign rights, against which a subsequent unilateral act
incompatible with the concept of the Community cannot prevail....”
56. In answer, therefore, to the issue under consideration, it is our finding that
Uganda’s sovereignty to deny entry to persons who are citizens of Partner
States was not taken away by the Treaty and the Protocol, but the exercise
thereof can only be valid if it is done in strict compliance with the requirements
of Articles 104 and of the Treaty and Articles 7 and 54(2) of the Protocol.
Where Uganda fails, refuses, ignores or otherwise does not comply with the
above provisions of the Treaty and the Protocol, it acts in violation of her
Treaty obligations.
Whether the Applicant was detained at Entebbe International Airport and
whether actions of the Republic of Uganda were in conformity with Articles 6
(d) and 7(2) of the Treaty;
Submissions:
Mr. Mbugua Mureithi, for the Applicant, submitted on this issue in two parts:-
57. On whether the Applicant was detained at Entebbe International Airport he
submitted that on 13.04.2011 the Applicant arrived at the Airport, was denied
entry into Uganda, was restrained, confined and detained in the offices of the
Uganda Immigration Department at the airport from 9.00 am to 3.00 pm when
he boarded a Kenya Airways flight back to Kenya.
58. He further submitted that the Notice signed by the Principal Immigration
Officer, Entebbe International Airport, directed Kenya Airways to “return or
convey” the Applicant, as a prohibited immigrant and, pending such
conveyance, remove him from the non permissible area.
REFERENCE NO.5 OF 2011
Page 30