The Applicant alleges that the act of unlawfully abducting and possibly illegally deporting Mr. Morris Mabior AWIJOK Bak from Florida Estate in Chokaa area, off Kangundo Road, in Nairobi City of Kenya by the agents of the 1st Respondent in collusion of the 2nd Respondent are in violation of principles of good governance, the rule of law, and human and peoples’ rights as guaranteed under the Treaty for the Establishment of the East African Community and various other International Conventions and principles.

The Applicant alleging that the state’s government has contravened various provisions of its Constitution by making state appointments to unconstitutional offices while unconstitutionally relieving some state appointees off their duties. The applicant further avers that the government has constantly interfered with the activities of autonomous and independent bodies in a bid to suppress the opposition’s mandate of checking the government while also infringing on the rights of its citizenry in a number of ways and consequently infringing on the fundamental and operational principles of the East African Community contained in Articles 6 (d) and 7(2) of the treaty.

The Applicant contends that the Respondent through the President of the Court of Appeal has contravened Articles 6(d) and 7(2) of the East African Treaty as read together with Articles 10, 19, 20, 21, 25, 27, 28, 29, 47, 48, 50 and 159 of the Constitution of Kenya 2010, by deliberately refusing to convene a Bench to hear and determine the Applicants Nairobi Court of Appeal Civil Application No. E415 of 2022 which was Certified for Urgent hearing and disposal by the duty Judge of the Court of Appeal, and by refusing to give reasons to the Applicant as to why a Bench of the Court of Appeal cannot be constituted to hear the application on time and urgently. The Applicant alleges that the said unmerited delays and inaction, these actions unlawfully predispose the Applicant to the risks of draconian execution proceedings of the Judgment of the Environment & Land Court which is being Appealed against.

The Applicant alleges that the act of Hon. Justice Richard Mwongo a judge of the High Court of the Respondent State of by-passing delivery of his reserved ruling on the Preliminary Objections in Nairobi HCCC No. 813 of 2007 and the act of the Court of Appeal Judges in Civil Appeal No. 161 of 2017 and Application No. 161 of 2017 of refusing to stay and to subsequently set aside the exparte directions as rendered against the Applicant contrary to the rules of natural justice is in contravention of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.

The Applicant alleges that the Respondent’s failure to implement the mediated settlement agreement after a Court annexed mediation and a Decree dated 28th July 2021 in Reference No. 9 of 2021 between the parties herein regarding the auditing of oil spills due to leakage of oil pipeline resulting to environmental pollution from an oil exploration in the Respondent State is an infringement of the Treaty for the Establishment of the East African Community.

The Applicant alleges that the Respondent’s act and decision of failing/neglecting to facilitate and ensure settlement of the outstanding contractual balance in the sum of 10, 089, 189.60 due to the Applicant arising from a contract to construct Juba-Mundri Junction Road 184 KM which was done and handed over to the Respondent State is unlawful and a breach of its EAC Treaty obligations to promote good governance, uphold the rule of lawin pursuance of Articles 6(d) & (e), 7(1) (c) & (2), 8(1) (c), 30(1), 82(1) (c), 127(2)(a) and 128(2)(b) of the Treaty for the Establishment of the East African Community.

The Applicant alleges that the Respondent’s act of lifting a ban on Genetically Modified Organisms in its jurisdiction contravenes Articles 6(b) on peaceful co-existence and good neighborliness, 6(d) on good governance as well as Article 103 on science and Technology of the Treaty for Establishment of the East African Community. GMOs including genetically modified foods and seeds contaminate fields and indigenous seeds. This violates Articles 5 (3) (c) and 114 (1)(a) of the Treaty.

The Applicant alleges the that the decision of the Constitutional Court Petition No. 07 of 2017 dated 22nd November 2022 in Unwanted witness v AG found provisions of the Uganda Anti- terrorism Act unconstitutional and infringes the principles of good governance, human rights and rule of law as set of in Articles 6(d) and 7(2) of The Treaty for the Establishment of the East African Community. He further alleges that the recommendation, Nomination, approval, appointment and taking office of Justice of the supreme Court by Justice Elizabeth Musoke, Stephen Musota and Christopher Madrama as well as office of Justice of Appeal by Oscar Kihika- despite Justice Christopher Madrama having unresolved complaint of Misbehavior filed at Judicial Service Commission by the applicant on 10th March 2022 also contravenes the said articles of the Treaty.

The Applicant alleges that the actions by the President of the East African Court of Justice who allowed the 2nd respondent to proceed straight to making submission against application No. 11 of 2022 without responding to the Applicant’s application for an adjournment to which the applicant had a right to rejoin and the adjourned application No. 11 of 2022 for ruling on Notice without proper proceedings and ruling on recusal notified to court by applicant, adjournment represented by applicant and without submission from the applicant are unlawful and infringes on the provision contained in articles 6(d), 7(2), 9(4), 23(1), 24, 27(1), 35 (1-2), 41 (1-2) and 42 (1) of the Treaty and rules 94, 113 (1), 118 (1) and 119 (1) of East African Court 2019.

The Applicant alleges that the act of the Respondent State through the judiciary of Kenya by a decision of Hon. Justice Sergon allowing a Notice of Motion application to have proceedings conducted before the Hon. Mr. Justice Chitembwe vacated or varied and/or set-aside before directing that the suit be fixed for further hearing in the detriment of the Applicant contravened Articles 6(d) and 7(2) of the East African Treaty and abused Judicial Powers and obstructed the course of justice and abused the process of court and law.