c) whether the arrest, interrogation and detention of the Applicant was
a violation of Articles 6(d), 7(2) and 104(1) of the Treaty for the
Establishment of the East African Community, Articles 2(4)(b), 4(5),
5(2)(b), 7(2), 10(3), 11(1) and 12(1) of
the Protocol for the
Establishment of the Common Market and Articles 2, 5, 6, 7, 8, 9, 10,
11 and 12 of the African (Banjul) Charter on Human and Peoples’
Rights and the United Nations Basic Principles on the Role of
Lawyers have been violated;
d) whether or not the Applicant was deported and if so, whether the
deportation was in violation of Articles 6(d), 7(2) and 104(1) of the
Treaty for the Establishment of the East African Community, Articles
2(4)(b), 4(5), 5(2)(b), 7(2), 10(3), 11(1) and 12(1) of the Protocol for the
Establishment of the Common Market and Articles 2, 5, 6, 7, 8, 9, 10,
11 and 12 of the African (Banjul) Charter on Human and Peoples’
Rights and the United Nations Basic Principles on the role of Lawyers
have been violated;
e) whether the Parties are entitled to the remedies sought.
DETERMINATION OF THE ISSUES
Applicable Rules and Principles of Interpretation
On many occasions, this Court has stated that the Treaty for the
Establishment of the East African Community is an International Treaty
subject to International Law of Treaties and in particular, Article 31(1) of the
Vienna Convention on the Law of Treaties which has set up the general Rule
of Interpretation of Treaties as follows:
“A Treaty shall be interpreted in good faith in accordance with
the ordinary meaning to be given to the terms of the Treaty in
their context and in the light of its object and purpose.”
REFERENCE NO.11 OF 2011
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