70. We have carefully considered the arguments of both Counsel, examined the
law on the subject and we will examine the issues starting with whether the
actions of the Republic of Uganda complained of were in conformity with
Articles 6(d) and 7(2) of the Treaty. We will examine each action.
Denial of Entry
71. As shown above, Counsel for the Respondent maintained that the Applicant
was handled according to the law and was accorded the full benefit of due
process. However, on analysing the whole chain of actions complained of and
how they happened, with profound respect, we do not agree with the
reasoning of Counsel for the Respondent.
72. “Due process”, according to Black’s Law Dictionary (supra) at p.575 is
defined as “The conduct of legal proceedings according to established
rules and principles for the protection of private rights, including notice
and the right to a fair hearing before a tribunal with the power to decide
the case”. We adopt this definition.
73. The process that Counsel claimed amounted to due process i.e. filling an
immigration card, taking finger prints and pictures and “a discussion” with the
desk officer before being found unworthy to enter Uganda, is at variance with
the above definition. The Respondent did not show us that the immigration
officials had anything against the Applicant. We were not shown that he was
informed of any wrong they were holding against him. His treatment seems to
have been a result of caprice rather than coherently thought out decisions. We
agonised over the Respondent’s failure to disclose, even in Court, what it was
the immigration officials had against him that warranted the harsh treatment.
REFERENCE NO.5 OF 2011
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