Katabazi
& 21 Others vs. Secretary General of the East African
Community
& Attorney General of the Republic of Uganda
EACJ
Ref. No. 1 of 2007.
18. Secondly, it was argued for the Respondent that this Court does not
have jurisdiction to entertain
States’
national
purposes
laws,
prayers for the annulment
therefore
the
is restricted to Prayers
Reference,
Court's
of Partner
jurisdiction
for present
(a), (b), (c), (d), (f) and
subject to satisfactory proof thereof.
(g) of the
Mr. Kayobera cited
Articles 23, 27 and 30 of the Treaty in support of his case, as well as
the
cases
Republic
of
Hilaire
Ndayizamba
of Burundi_&
Community
Francois
EACJ
vs.
Ref.
Attorney
vs.
Secretary
No.
General
3 of 2012
General
Attorney
of the
General
of the
and
East
Professor
Republic
of
Secretary General of the East African Community
of the
African
Nyamoya
Burundi
EACJ
&
Ref. No.
8 of 2011.
19. With
regard to the issue of limitation of time, it was
contention
that the promulgation
1/31
such
were
time barred.
that the Applicants’ challenge
filed
had
of the said laws was
by
15"
any challenge to Act No.
November
2014
been filed on 17" November 2014.
1/31
1/26 and Act No.
Learned Counsel argued that, having been promulgated
on 15" September 2014,
been
dates of Act No.
Mr. Kayobera’s
been
promulgated
on
but the
1/26 should have
present
Reference
had
Similarly, he argued that Act No.
31*t December
2013
therefore
the
present Reference was filed well beyond the time stipulated in Article
30(2) of the Treaty.
Medico
EACJ
Legal
Ref.
Mr.
Kayobera
cited the cases
of Independent
Unit vs Attorney General of the Republic of Kenya
No.
3
Professor Nyamoya
Reference No.1 5 of 2014
of
2010,
Hilaire
Ndayizamba
(supra)
and
(supra) in support of his argument.
Page 7