travelling outside the territory of Burundi is in contravention of the rule of
law principle embodied in Articles 6(d) and 7(2) of the Treaty.
Prayer (e): An order removing into this Court for purposes of quashing and
or setting aside the decision and orders of the Court of Appeal of
Bujumbura made on 28th January 2014 in case No. RA10 between the
Public Prosecutor and Mr. Isidore Rufyikiri and an order directing the Court
of Appeal of Bujumbura, the Bar Council and the Government of Burundi to
immediately and forthwith reinstate Mr. Isidore Rufyikiri to the Roll of
Advocates of the Court of Appeal of Bujumbura. The prayer is not allowed
because it falls outside the Court’s jurisdiction owing to the proviso to
Article 27(1) of the Treaty.
Prayer (f): An order immediately and forthwith quashing, setting aside and
or lifting the decision and orders of the Public Prosecutor to the AntiCorruption Court of the Republic of Burundi prohibiting Mr. Isidore Rufyikiri
from travelling beyond the national borders of Burundi. The prayer is
overtaken by events since the travel ban has been lifted.
Prayer (h): An order directing the 2nd Respondent to constitute and
commission an evaluation process to establish whether or not the
governance and constitutional framework within the Republic of Burundi
adheres to the threshold specified in Articles 6(d) and 7(2) of the Treaty;
and to advise both the Council and the Summit of the East African
Community on whether the Republic of Burundi should be suspended or
expelled from the East African Community under Articles 29,67,71,143,146
and 147 of the Treaty. This prayer is based on Issue No. 3. In determining
this issue, the Court finds that although some actions had been
undertaken in line with the 2nd Respondent’s responsibilities under
Article 71(1)(d) of the Treaty, no effective action to overcome the 1st
Respondent’s lack of cooperation was initiated as such an action would be
effected under Article 29 of the Treaty. The 2nd Respondent should
REFERENCE NO.1 OF 2014
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