26.
The Appellant further contended that the 1st Respondent failed
to supervise the 2nd, 3rd, and 5thRespondents to ensure that they
deposit their declarations pursuant to the provisions of the
Protocol to the African Charter despite having been informed
about it.
27.
As to the issue of the cause of action, the Appellant argued that a
complaint on the infringement of Treaty obligations under
Articles 5,6,8,23,27 and 30 of the EAC Treaty creates a cause of
action under the Treaty. In support of his argument in that
respect, the Appellant cited various cases of this Court such as
Katabazi & Another V. Secretary General of the East African
Community & 4 Others AHRLR 119 (EACJ 2007), Callist
Mwatela & Others V. Secretary General of the East African
Community (EACJ 2008) Reference No.1 of 2005, Prof.
Anyang’ Nyongo & 10 Others v. AG Kenya & Others EACJ
Ref No. 1 of 2006.
ISSUE No.4.Whether the First Instance Division erred in law
when it refused to award costs against the 1st, 2nd, 3rd and 5th
Respondents in the circumstances.
28. This issue is dealt with in Paragraph 81 of this Judgment.
IV.
THE RESPONDENTS’ CASE
THE 1ST RESPONDENT’S SUBMISSIONS
29. On
the
first
issue,
regarding
jurisdiction,
the
1stRespondentsubmitted that the First Instance Division of the
Court correctly held that the right forum for litigating over the said
matter was the African Court through the African Commission.
11