package, for purposes of the EAC integration, as set out in
Article 6(d), includes:
a) Adherence to the principles of democracy,
b) The rule of law, accountability,
c) Transparency,
d) Social justice,
e) Equal opportunities,
f) Gender equality, as well as
g) The recognition, promotion and protection of human and
peoples’ rights in accordance with the provisions of the
African Charter on Human and Peoples’ Rights.
Apart from asserting that the provisions are aspirations and
broad policy provisions for the Community, political character
and with a futuristic and progressive application, Counsel did not
substantiate.
They did not explain how and why these
fundamental principles are mere aspirations. They failed to show
us why we should depart from the position of this Court
succinctly stated in the IMLU Case (supra) that these provisions
constitute responsibilities of Partner States to citizens which,
through those States’ voluntary entry into the
EAC, have
crystallized into actionable obligations, breach of which gives
rise to infringement of the Treaty.”
75. We reiterate the above holdings and further, in the present Reference,
the substantive issue to be addressed is the freedom of the press and
freedom of expression in the context of Articles 6(d) and 7(2) as read
with the Press Law. In that regard, there is no doubt that freedom of the
press and freedom of expression are essential components of
democracy. The submissions by the Applicant and the Amici on the
correlation between the two have not been controverted at all and the
Reference No. 5 of 2013
Page 27
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