Provided that the Court’s jurisdiction to interpret under
this paragraph shall not include the application of any
such interpretation to jurisdiction conferred by the Treaty
on organs of Partner States.
2.
The Court shall have such other original, appellate,
human rights and other jurisdiction as will be determined
by the Council at a suitable subsequent date. To this end,
the
Partner
States
shall
conclude
a
protocol
to
operationalize the extended jurisdiction.”
55.
In view of the above, it is obvious that once a matter involves the
interpretation and application of the provisions of the Treaty, such
matter falls ipso jure within the jurisdiction of the East African Court
of Justice (jurisdiction ratione materiae, namely, jurisdiction
over the nature of the case and the type of relief sought).
56.
Another test to meet in the assessment of the jurisdiction of the
East African Court of Justice is
found under Article 30 of the
Treaty which provides for the jurisdiction ratione materiae,
jurisdiction
ratione
persona
(i.e.
persons/litigants)
and
jurisdiction ratione temporis (i.e. territory) as follows:“1.
Subject to the provision of Article 27 of this Treaty, any
person who is a resident in a Partner State may refer for
determination by the Court, the legality of any Act, regulation,
directive, decision, or action of a Partner State or an
institution of the Community on the grounds that such Act,
regulation, directive, decision or action is unlawful or is an
infringement of the Treaty”
18