d. that the citizens of the other Partner States are allowed to exit the
territory of the Partner State without restrictions.
82. The Applicant was part of a 14 member delegation, on schedule to meet the
Honourable Chief Justice of Uganda. It is evident from the visas in his
passport that he had visited Uganda on at least three occasions between
01.02.2011 and 13.4.2011. It is amply clear, therefore, that he was not a
stranger in Uganda. He was the only member of the delegation who received
adverse treatment. Short of a reasonable explanation of this treatment by the
Respondent, this failure to treat him equally with the other members of the
same delegation, would amount to discrimination. The Respondent, in our
view, failed to explain it.
83. We have discussed the import of Articles 6(d) and 7(2) of the Treaty at length
elsewhere in this judgment, and we reiterate that position here. The Applicant
travelled to a Partner State that is bound by the principles of good governance
enshrined in Article 6(d), and had a legitimate expectation of being treated in
accordance therewith. We find, however, that the treatment he was subjected
to was adverse and discriminatory.
84. That he was singled out of a delegation, declared a prohibited immigrant,
denied entry, returned to Kenya, without being furnished with reasons why and
without being heard in his defence was clearly at variance with and in violation
of Uganda’s obligation to adhere to the rule of law, accountability,
transparency as well as the recognition and protection of human rights in
accordance with the Charter, as provided under Articles 6(d) and 7(2) of the
Treaty and 7(2) of the Protocol.
REFERENCE NO.5 OF 2011
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