D. SCHEDULING CONFERENCE 13. Pursuant Courts to a Scheduling Rules, the Conference Parties held under the following framed Rule 53 of the issues for determination: i) Whether the East African Court of Justice has jurisdiction to entertain the Reference. ii) Whether the Reference is time barred. iii) Whether Act No. 1/26 is inconsistent with the right to an independent and impartial judicial system and the right to a fair trial, and therefore inconsistent with international instruments and/ or Articles 6(d) and 7(2) of the Treaty. iv) Whether the Applicants are entitled to the prayers sought. E. ISSUES Points of law: 14. We propose to dispose of the points of law raised in Issues 1 and 2 above together given that they could dispose of the entire Reference without recourse to the merits thereof. Issues 1& 2: Whether jurisdiction the East African to entertain the Court of Reference Justice AND has Whether the Reference is time barred. Applicants’ Submissions: 15. On the question of jurisdiction, it was submitted for the Applicants that the promulgation of Act No. 1/26 and some of the content thereof constituted a violation contravened the Treaty. Reference No.1 5 of 2014 of We the rule of law and, consequently, understood it to be Learned Counsel’s Page 5