23. For ease of reference we reproduce the pertinent Treaty provisions
on the issue of jurisdiction.
Article 23(1): Role of the Court
“The Court shall be a judicial body which
the
adherence
to
law
in
the
shall ensure
interpretation
and
application of and compliance with this Treaty.
Article 27(1): Jurisdiction of the Court
“The
Court
shall
initially
have
jurisdiction
over
the
interpretation and application of this Treaty:
Provided
this
that the Court’s jurisdiction
paragraph
such
shall
not include
interpretation
to
to interpret and
the application
jurisdiction
of any
conferred
by
the
Treaty on organs of Partner States.”
Article 30(1): Reference by Legal and Natural Persons
Subject to the provisions of Article 27 of this Treaty, any
person
who
is resident
determination
by
the
in a Partner State may
Court,
regulation,
directive,
State
the grounds
... on
unlawful
the
decision
legality
or
action
that such
or is an infringement
Act
refer for
of
of
any
a
Act,
Partner
.... or action
of the provisions
is
of this
Treaty.”
24. This
Court
has
had
occasion
to
consider
the
question
of
its
jurisdiction in previous cases.
We were referred to the case of Hon.
Sitenda_Sebalu_
The
Secretary
EACJ
Ref.
Community
vs.
& Others
cited with approval
Reference No.1 5 of 2014
its decision
No
General,
1 of 2010
in the case
East
where
African
the Court
of Prof. Peter Anyang’
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