Uganda, EACJ Ref. No.1 of 2007. In addition, Counsel argued that under Article 23(1) of the Treaty, the primary role of the Court as per the Treaty is to ensure adherence to the law in interpretation and application of compliance with the Treaty. Therefore, Counsel submitted that the Court has jurisdiction to entertain this Reference. 23. In his response, Counsel for the 1st Respondent argued that the murder case having been presented before competent judicial bodies of the country, the Court ought not to interfere in criminal matters undergoing national legal and judicial processes. 24. He asserted that the preventive detention of the Applicant was lawful on the grounds that it was done pursuant to the Burundian law, namely Articles 71, 72 and 75 of the Burundi Code of Penal Procedure and Article 205 of the Constitution. 25. Counsel further submitted that although, under Article 23(1) and Article 27(1) of the Treaty, the Court has jurisdiction over the interpretation and application of the Treaty, it does not, however, under Article 27(2) and 30(3) of the Treaty have jurisdiction to entertain prayers (a), (c) and (d) sought by the Applicant. 26. In support of his contention, he relied on Attorney General of Kenya Vs. Omar Awadh and 6 others, EACJ Appeal No. 2 of 2012 and contended that the Court does not have jurisdiction to entertain the prayer asking the Court to declare null and void the decision of keeping the Applicant in detention [part of prayer (a)], the prayer asking the Court to declare that the Applicant REFERENCE NO.3 OF 2012 Page 9

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