contrary to the provisions of Articles 2,6,7,9,10,11 and 12 of the Charter
as recognised by Articles 6(d), and 7(2) of the Treaty.
(iv)
A Declaration that the provisions of Section 52 (a), (b), (c), (d) and (g)
of the Citizenship and Immigration Control, Chapter 66 of the Laws of
Uganda, bestowing unchecked and overarching discretionary powers
on the Minister and the Director of Immigration to unilaterally declare
persons who are citizens of Member States of the East African
Community, such as the Applicant, the status of prohibited immigrants,
are inconsistent with and in violation of Uganda’s obligations of
observance of the imperatives of the rule of law, transparency,
accountability and human rights under Articles 6(d), 7(2), and the
guarantee of free movement and residence within the East African
Community under Article 104 of the Treaty and Article 7 of the Protocol.
(v)
An Order that costs of and incidental to this Reference be met by the
Respondent.
(vi)
That this Court be pleased to make such further or other orders as may
be fit and just in the circumstances of the Reference.
Respondent’s case
12. In a response supported by the Affidavit of one Okello Charles Cowards, a
Principal Immigration Officer, Entebbe International Airport, the Respondent
admits that the Applicant arrived at Entebbe International Airport as alleged
and was indeed denied entry into Uganda.
REFERENCE NO.5 OF 2011
Page 6