directive, decision or action of a Partner State or an institution
of the Community on the grounds that such Act, regulation,
directive, decision or action is unlawful or is an infringement
of the provisions of this Treaty;
2. ................
3. The Court shall have no jurisdiction under this Article
where an Act, regulation, directive, decision or action has
been reserved under this Treaty to an institution of a Partner
State.”
27. To dispel any misunderstanding among the Parties, let us spell out
from the Articles the conditions for any person to bring a Reference
before this Court. Any plain reading of the aforementioned Article
underscores that prior to submitting a Reference before the Court,
any person must meet the following conditions:a) Be a legal or natural person; and
b) Be resident of an EAC Partner State; and
c) Is challenging the legality of any Act, regulation, directive,
decision, and action of the said Partner State or an institution of
the Community.
28. Having said so, what are the matters challenged in the Reference by
the Applicant? The Applicant is seeking the interpretation of the
Treaty as to whether the letter of the IGG dated 8th July, 2013, as well
as the legal opinions of the Attorney General dated 12th April, 2012
and 27th May, 2013 infringed Articles 6(d), 7(2) and 8(1)(c ) of the
Treaty.
Reference No. 5 of 2013
Page 13