Similarly, in this Reference, Court shall not abdicate its duty to interpret the
Treaty merely because Human Rights violations are mentioned in the Reference.
In the result, we hold that this Court has jurisdiction to entertain the Reference.
2
Non‐compliance with Rule 24 of the EACJ Rules:
This Rule provides that:
“24….
(4)
Where the reference is made by a body corporate the application shall
be accompanied by documentary evidence of its existence in law.”
The Claimant is described in the Reference as a Non‐Governmental
Organisation established in Kenya and registered under the Non‐
Governmental Organisations and Coordination Act of 1999. Initially the
Certificate of Registration was not attached to the Reference. This anomaly
was later on rectified after an application by the Claimant’s Counsel and the
Registration Certificate was filed in Court. Consequently it is no longer an
issue.
3
Joinder of the 2nd, 3rd, and 4th Respondents
It was contended by Counsel for the 2nd, 3rd and 4th Respondents that they were
wrongly joined to the Reference since they are neither Partner States nor
6
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