All we could see was Kenya Airways being condemned to removal, from Uganda, of a prohibited immigrant they had brought into the country but nowhere were we shown how, why, when, and by whom he was so declared. We were not shown whether the declaration was oral or it was documented. The Notice, in our view, was not just irregular, it was unknown to Ugandan law. 95. The foregoing leaves us with four conclusions: Firstly, that the Applicant was not a prohibited immigrant, under the law, because there is no evidence that he was declared so. Secondly, that Immigration Authorities merely labelled him a prohibited immigrant so as to deny him entry. Thirdly, that the Notice was issued in order to corner Kenya Airways into returning him to Kenya and, finally, that the Immigration Authorities resorted to kangaroo methods for want of a lawful procedure by which to swiftly return the Applicant to Kenya. 96. Paragraph 13 of the affidavit evidence of Charles Okello Cowards stated that Uganda’s action to deny the Applicant entry was lawful, bonafide, justifiable and in the security interests of the people of East Africa. We found this to be an important area to consider. Counsel for the Respondent, however, made it anything but easy for us. Beyond the averment we were told/shown nothing else. It would have been immensely helpful for the Court to hear and evaluate what security interests of the people of East Africa the immigration officials considered and how the Applicant’s entry into Uganda would put those interests at risk or how his denial of entry did preserve or protect them. We were not told anything. We dismissed the averment as lacking in value. 97. Counsel for the Respondent, in submissions, asserted that the Court should consider the circumstances during the wind of terrorism (sic) and affirm the Ugandan position to deny the Applicant entry into Uganda. Counsel, however, trod carefully and avoided any direct allegation, from the bar, against the Applicant in relation to that wind of terrorism. REFERENCE NO.5 OF 2011      Page 44