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

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