JUDGMENT
I.
INTRODUCTION
1 This is an appeal by the Democratic Party (“ the Appellant”)
against the Judgment of the First Instance Division dated 29th
November 2013 in Reference No. 2 of 2013, by which that
Division dismissed the Reference by holding that it had jurisdiction
to ensure the adherence to the law in the interpretation and
application of and compliance with the Treaty for the Establishment
of the East African Community (“the Treaty”); but that it had no
jurisdiction to ensure adherence to the provisions of the African
Charter on Human and Peoples’ Rights (“the Charter”) and its
Protocol(“the Protocol”)
2 The Appellant lodged the Reference before the First Instance
Division of this Court challenging a delay by the 2nd, 3rd, 4thand 5th
Respondents to deposit their declarations under Articles 5(3) and
34 (6) of the Protocol. The Appellant contended that such delay
constituted an infringement of Articles 5,6, 7(2),8(1) (c), 126 and
130 of the Treaty; and Articles 1,2,7,13,26,62,65 and 66 of the
Charter.
3 Before the First Instance Division, the issues raised were as
follows:
1) Whether the Court had jurisdiction to entertain the Reference;
2) Whether the issues as presented were justiciable;
3) Whether the Reference disclosed a cause of action against the 1st
and 4th Respondents;
2