state, including affairs within its own territory and powers related to the
exercise of external authority- see Black’s Law Dictionary, 9th Ed. at p.1524.
And by “power” in this context we take the definition again, in Black’s Law
Dictionary (supra) at p.1288, as “the legal right or authorisation to act or not
to act.”.
46. Our view is that, like every other country, Uganda’s sovereignty is defined by
law. Prior to the entry into force of the Treaty and, subsequently, the Protocol,
Uganda’s sovereignty to deny entry to unwanted persons was defined by The
Citizenship and Immigration Control Act, Chapter 66, Laws of Uganda. The
Treaty then came into force.
47. The Republic of Uganda, gave the Treaty the force of law pursuant to Section
3(1) of the East African Community Act, 2002. The Section provides that:
“The Treaty as set out in the Schedule to this Act shall have force
of Law in Uganda.”
The above Act defines the Treaty as:
“The Treaty for the Establishment of the East African Community dated
30th November 1999, and entered into by the United Republic of
Tanzania, The Republic of Uganda, and the Republic of Kenya which is
set out in the Schedule to this Act, and as from time to time amended
under any provision of the Treaty or otherwise modified”-see Section 2
of the Act. The Common Market Protocol came into force on the 20th
November 2009- see Article 55, Common Market Protocol.
Article 151 (4) of the Treaty then specifically provides that:
“The Annexes and Protocols to this Treaty shall form an integral part of
this Treaty.”
REFERENCE NO.5 OF 2011
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