iii)
That Article 104 of the Treaty is subject to the provisions of the
Protocol and Article 7(5) thereof gives Uganda a right to restrict
movement of persons into Uganda on grounds of public policy,
public security or public health and that according to affidavit
evidence tendered, the Applicant was denied entry into Uganda
under Article 7 (5) of the Protocol.
iv)
That the Applicant’s argument that Uganda has not complied with
the provisions of Article 7(6) to notify the Secretary General of
the EAC and The Republic of Kenya about the Applicant’s denial
of entry is a mere allegation for which the Applicant showed no
evidence of non-compliance.
v)
That Article 7 (3) of the Protocol provides for compliance with
national laws in guaranteeing the protection of citizens, Article 7
(9) provides that implementation of the Protocol shall be in
accordance to the EACM (Free Movement of Persons)
Regulations specified in ANNEX 1 to the Protocol. That Article 5
(1) of those Regulations provides that a citizen who wishes to
enter or exit the territory of another Partner State shall do so at
entry or exit points designated in accordance with national laws
of the Partner State and shall comply with the established
immigration procedures. It was her contention that the key point
in the above provisions is “in accordance with national laws” and
is in consonance with the concept of sovereignty.
vi)
That affidavit evidence on record showed that the national law
which was relied on in handling the Applicant was the Uganda
Citizenship and Immigration Control Act, Cap 66, and that vide
paragraphs 4 and 5 of the affidavit of Charles Okello Cowards,
REFERENCE NO.5 OF 2011
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