directive, decision or action is unlawful or is an infringement
of the provisions of this Treaty.”
28. Counsel further submitted that, with regard to the question of
non-exhaustion of local remedies raised by the Respondent’s
Counsel, the Applicant, being a natural person who has direct
access to the Court under Article 30(1) of the Treaty, is not
required to first exhaust local remedies before bringing a case to
this Court.
29. As for the case Reference RCC 21 625 still pending before the
Supreme Court of Burundi, he contended that the process which
brought the matter before the Supreme Court was unlawful on the
ground that the Applicant was forced by the Government of
Burundi to follow an “illegal procedure.” He maintained that, in
any case, he had written to the Supreme Court requesting the
suspension of all proceedings in the matter since the case had
been brought to this Court.
30. After referring the Court to some decided cases, to wit, EACJ
REF. No.1 of 2006: Prof. Peter Anyang Nyong’o & 10 others Vs
The Attorney General of Kenya & 2 others; Plaxeda Rugumba
case(supra); James Katabazi case(supra), where this Court had
to address issues pertaining to its jurisdiction, Counsel wrapped
up his submissions by contending that this Court has jurisdiction
to entertain the case and to decide on the orders sought, since
there are no similar prayers in the Reference before the Supreme
Court of Burundi as wrongly submitted by the Respondent.
REFERENCE No. 2 OF 2013
Page 9
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