Nyong’o
&
10
Others
vs. Attorney
Kenya & 2 Others EACJ
General
of the
Republic
of
Ref. No. 1 of 2006 and held:
“We have no hesitation in reiterating what this Court said
in Anyang’
30(1)
of
the
required
and/or
Nyong’o
(supra)
Treaty,
to show a
damage
about the
namely,
that
a
import
of Article
claimant
right or interest that was
that was
suffered
is
not
infringed
as a consequence
of
the matter complained of in the Reference in question. It
is enough
if it is alleged
that the matter complained
infringes
a_provision_of
the
Treaty
in
of
_a_relevant
manner.” (Our emphasis)
25. In addition
to jurisdiction
arising from the
infringement
of a Treaty
provision as stated in Hon. Sitenda Sebalu(supra) above, this Court
has
in the past pronounced
domestic
laws
constituting
a
amounting
matter
that
itself on the violation of Partner States’
to
a
is
violation
justiciable
of
before
Rugumba
vs. Attorney General of Rwanda
2010
Muhochi
and
vs. Attorney
the
General
Treaty
the
EACJ
and
thus
Court.
See
Ref. No. 8 of
of Uganda
EACJ
Ref.
No. 5 of 2011.
26. More recently, the issue of the Court's jurisdiction was aptly summed
up in the case of Henry Kyarimpa vs. Attorney General of Uganda
EACJ Appeal No. 6 of 2014 as follows:
“In
short,
being
in
an
impugned
internationally wrongful
question
internal
not whether
law,
the Treaty.
Reference No.1 5 of 2014
adjudging
such
this Court asks
action
but rather whether
Where
state
the complaint
action
as
itself the
is in conformity
with
it is in conformity
with
is that the action was
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