In the determination of the issues framed in this Reference, we shall be guided by the above Principles and by the relevant Articles of the Treaty related to the jurisdiction of the Court. Issue No.1: Whether the East African Court of Justice has Jurisdiction to entertain this Reference The Reference is premised on Articles 27 and 30(1) of the Treaty. The Applicant is a citizen and resident of the Republic of Kenya, one of the Partner States of the East African Community and in that capacity, Counsel for the Applicant said that he has the right to bring a reference before this Court. It is the Applicant’s submission that under Article 30(1) of the Treaty in determining “the legality” of any matter in question, the Court is empowered to pronounce itself on the “lawfulness” of the matter and on whether the actions complained of constitute an infringement for the provisions of the Treaty. Through his prayers, the Applicant contended that the actions complained of breached Uganda’s and Kenya’s obligations under Articles 6(d), 7(2) and 104(1) of the Treaty as well as Article 7 of the Protocol for the Establishment of the East African Common Market. The Applicant thus, sought the interpretation of the aforesaid Articles of the Treaty and therefore relied on the cases of the Attorney General of the Republic of Kenya vs. Independent Medical Legal Unit, EACJ Appeal No.1 of 2011; the Attorney General of the United Republic of Tanzania vs. the African Network of Animal Welfare (ANAW), EACJ Appeal no.3 of 2011; James Katabazi & 27 Others vs. EAC Secretary General and the Attorney General of the Republic of Uganda, EACJ Reference No.1 of 2007; Samuel Mukira Mohochi vs. Attorney General of the Republic of Uganda, EACJ Reference No.5 of 2011; the East African Law Society vs. the Secretary General of the East African Community, EACJ Reference REFERENCE NO.11 OF 2011 Page 11

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