The Rwandan Justice System has no jurisdiction to do so neither
does any other Judicial body
in a Partner State have that
jurisdiction. The EACJ is the only Court mandated to determine
whether the EAC Treaty has been breached or violated and we
have said elsewhere above that in the present case, there is
Jurisdiction to do so. Whether the Applicant’s complaints can
be addressed elsewhere is immaterial to the exercise of
Jurisdiction under the Treaty and so the 2nd Respondent’s
contention to the contrary is dismissed.
(D) WHETHER THE 1ST RESPONDENT IS IN BREACH OF THE TREATY
BY HIS FAILURE TO INVESTIGATE THE ALLEGED BREACHES BY
THE 2ND RESPONDENT
32. In answer to the above issue, it has not been denied by the
Applicant that prior to the filing of the Reference, the 1st
Respondent had no notice of the alleged complaint. It would
not therefore be reasonable to expect him to have taken any
necessary action before 8th November 2010 when the
Reference was filed. We have seen correspondence initiated by
the 1st Respondent subsequent to that date and since the
matter relates to actions taken prior to that date, we are
convinced that to condemn the 1st Respondent for inaction in a
REFERENCE NO.8 OF 2010
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