74. The Applicant’s right to redress was guaranteed by Article 54 of the Protocol. The Article provides that:   i) in accordance with their Constitutions, national laws and administrative procedures and with the provisions of this Protocol, Partner States guarantee that: a) any person whose rights and liberties as recognized by this Protocol have been infringed upon, shall have the right to redress, even where this infringement has been committed by persons acting in their official capacities; and b) the competent judicial, administrative or legislative authority or any other competent authority, shall rule on the rights of the person who is seeking redress. 75. Discussing the import of a similar provision the European Court of Justice in State v Royer Case 48/75, held that: a decision ordering the deportation of a Community alien may not be carried out, save in cases of urgency which have been properly justified, against a person protected by Community law until the latter has been able to exhaust the remedies guaranteed by Articles 8 and 9 of Directive 64/221. 76. The combined effect of this very persuasive authority and the import of Article 54 of the Protocol, reproduced above, regarding the instant Reference is that the immigration officials had, foremost, an obligation to strictly apply the limitations of the freedom of movement, given its importance to the East African Community Common Market in particular, and integration in general. REFERENCE NO.5 OF 2011      Page 35 

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