In the determination of the issues framed in this Reference, we shall be
guided by the above Principles and by the relevant Articles of the Treaty
related to the jurisdiction of the Court.
Issue No.1:
Whether
the
East
African
Court
of
Justice
has
Jurisdiction to entertain this Reference
The Reference is premised on Articles 27 and 30(1) of the Treaty.
The Applicant is a citizen and resident of the Republic of Kenya, one of the
Partner States of the East African Community and in that capacity, Counsel
for the Applicant said that he has the right to bring a reference before this
Court. It is the Applicant’s submission that under Article 30(1) of the Treaty
in determining “the legality” of any matter in question, the Court is
empowered to pronounce itself on the “lawfulness” of the matter and on
whether the actions complained of constitute an infringement for the
provisions of the Treaty.
Through his prayers, the Applicant contended that the actions complained
of breached Uganda’s and Kenya’s obligations under Articles 6(d), 7(2) and
104(1) of the Treaty as well as Article 7 of the Protocol for the Establishment
of the East African Common Market.
The Applicant thus, sought the interpretation of the aforesaid Articles of the
Treaty and therefore relied on the cases of the Attorney General of the
Republic of Kenya vs. Independent Medical Legal Unit, EACJ Appeal
No.1 of 2011; the Attorney General of the United Republic of Tanzania
vs. the African Network of Animal Welfare (ANAW), EACJ Appeal no.3 of
2011; James Katabazi & 27 Others vs. EAC Secretary General and the
Attorney General of the Republic of Uganda, EACJ Reference No.1 of
2007; Samuel Mukira Mohochi vs. Attorney General of the Republic of
Uganda, EACJ Reference No.5 of 2011; the East African Law Society vs.
the Secretary General of the East African Community, EACJ Reference
REFERENCE NO.11 OF 2011
Page 11