48. The above chronology shows that the Treaty is law applicable in, binding to
and in Uganda. It shows, as well, that the Protocol, as of its entry into force,
constitutes a modification to and is an integral part of the Treaty. The Treaty
created the East African Community, a legal entity comprising of the Partner
States. Of particular interest, is the fact that the meaning of foreign country
under the Treaty is “...any country other than a Partner State”.(see: Article 1
of the Treaty) The Treaty also defines persons, formerly foreign nationals as
between the individual EAC states prior to entry into force of the Treaty, as
nationals or citizens of Partner States,(see: Article 1 of the Protocol) The
Treaty accorded these persons wide ranging, preferential and superior
treatment and rights in terms of movement, establishment, residence and
working within the Partner States. With specific regard to the Republic of
Uganda, her sovereignty regarding the movement of the citizens of partner
states in and out of the Partner States started to be defined and governed by
the Treaty, the Protocol and the Citizenship and Immigration Control Act,
provisions of the former taking precedence in case of conflict.
49. We would hope that the foregoing brief chronicle of the growth of community
law and its direct applicability in the Partner States is helpful to the parties. We
certainly recognize that in exercise of her sovereignty, the Republic of Uganda
has power to admit persons on, or deny them entry into, her territory, in
accordance with the country’s law. The law in Uganda, however, includes the
Treaty and the Protocol which, also in the exercise of her sovereign power, the
Republic of Uganda accepted not only to be bound by, as Community law, but
equally as national law.
50. Like in any other Partner State, once the Treaty and, subsequently, the
Protocol, were given force of law within Uganda, they became directly
enforceable within the country and took precedence over national law that was
in conflict with them. Existing legal provisions became qualified and started to
be applicable only to the extent that they were consistent with the Treaty and
REFERENCE NO.5 OF 2011
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