highest court of competent jurisdiction (i.e. the Supreme Court of
Burundi) in a Partner State. To fortify his argument, he relied on
the decision of this Court in EACJ REF. No. 8 of 2011: Prof.
Nyamoya Francois Vs The Attorney General of the Republic of
Burundi & The
Secretary
General
of the
East
African
Community (para 43 of the Judgment).
24. In response to the Respondent’s arguments on this issue,
Counsel for the Applicant submitted that this Court derives its
mandate from Articles 23(1), 27(1) and 30(1) of the Treaty.
25. In Article 23(1), it is stated that “The Court shall be a judicial
body which shall ensure the adherence to law in the
interpretation and application of and compliance with the
Treaty.’’
26. According to Article 27(1) of the Treaty, “1. The Court shall
initially
have
application
of
jurisdiction
this
over
Treaty:
the
Provided
interpretation
that
the
and
Court’s
jurisdiction to interpret under this paragraph shall not
include the application of any such interpretation to
jurisdiction conferred by the Treaty on organs of Partner
States.”
27. As for Article 30(1) of the Treaty, it provides that “Subject to the
provisions of Article 27 of this Treaty, any person who is
resident in a Partner State may refer for determination by the
Court, the legality of any act, regulation, directive, decision
or action of a Partner State or an institution of the
Community
on
the
grounds
that
such
act,
regulation,
REFERENCE No. 2 OF 2013
Page 8
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