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
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