(d)
Maintenance of universally accepted standards of Human Rights under
Article 7(2).
Counsel also cited Ref. No.1 of 2007 – James Katabazi and 21 Others vs The
Secretary General of the EAC and Another, where this Court held that although
it does not have jurisdiction to deal with human rights issues yet, it has
jurisdiction to interpret the Treaty even if the matters complained of include
Human Rights violations.
We agree with Counsel for the Claimant. The allegations set out in the reference
are that the 1st to 4th Respondents jointly and severally carried out executions,
torture, cruel, inhuman and degrading treatment of over 3,000 Kenyans resident
in Mt. Elgon District, between 2006 and 2008 and that the Republic of Kenya
took no measures to prevent, investigate or punish the perpetrators of those
actions. It is alleged that this contravened several International Human Rights
Conventions such as the Universal Declaration of Human Rights, International
Law as well as the Kenyan constitution and laws and the Treaty particularly in
paragraphs 64, 65, 66, 67, 70, 71, and 72 where the Claimant makes reference to
Articles 4, 5(1) (3), and 6(d) of the Treaty.
Article 6 (d) reads:
“The fundamental principles that shall govern the achievement of the
objectives of the Community by the Partner States shall include:
4