JUDGMENT OF THE COURT
I. INTRODUCTION
1. This is a Reference by the East African Law Society (hereinafter referred
to as the “Applicant”), which is registered as a Company Limited by
Guarantee in Tanzania, and as a Foreign Company Limited by
Guarantee in Kenya, Rwanda and Uganda. Its address for service, for
the purpose of this Reference is No.6, Corridor Area, Arusha, Post
Office Box Number 6240 Arusha, in the United Republic of Tanzania.
2. The Reference was filed on 17th February 2014 under Articles
6(d),7(2),11,27,29,30,38,67(3)(d),71,143,146 and 147 of the Treaty for
the Establishment of the East African Community and Rules 1(2) and
24 of the East African Court of Justice Rules of Procedure (hereinafter
referred to as the “Treaty” and the “Rules”, respectively).
3. The Respondents are the Attorney General of the Republic of Burundi
and the Secretary General of the East African Community who are
sued on behalf of the Government of the Republic of Burundi and of
the East African Community in their respective capacities as the
Principal Legal Adviser of the Republic of Burundi and the Principal
Executive Officer of the Community.
II. REPRESENTATION
4. The Applicant was represented by Prof. Fredrick Ssempebwa, Mr.
Francis Gimara and Mr. Humphrey Mtuy. Mr. Nestor Kayobera
appeared for the 1st Respondent, while Mr.Wilbert Kaahwa and Mr.
Stephen Agaba appeared for the 2nd Respondent.
III.
BACKGROUND
5. The Applicant is a dual membership organization comprising individual
lawyers and 6 Law Societies namely, Burundi Bar Association; Rwanda
REFERENCE NO.1 OF 2014
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