Two cases were filed by the Attorney-General in the Resident Magistrate's Court at Nairobi charging two persons with certain offences against the Official Secrets Act (Act 4 of 1968) of the East African Community. Since section 8(1) of that Act lays down that a prosecution shall not be instituted without the consent of the Counsel to the Community, the point arose as to whether the prosecutions could proceed without such consent. At the request of the Advocates appearing before him, the learned Acting Senior Resident Magistrate referred the matter to the High Court under section 67(1) of the Constitution of Kenya.

This appeal comes before us in the most unusual circumstances, It is an appeal by the East African Community (the Community) as appellant , with the Republic of Kenya as respondent, against a decision of the High Court of Kenya given on a reference to it by a resident magistrate of a question relating to the interpretation of the Constitution of Kenya.

Present Federal Judge Grisel as Presiding Judge, Mr. Dubach, Mr. Reichlin, Mr. Kaufreann, Mr. Kaenpfer, Mr. Fragniere and Mr. Haefliger; Mr. Pfister , Recording Court Clerk.

The bill deals with two major problem areas in law enforcement. The first is that of financial recordkeeping by domestic banks and certain other domestic financial institutions. The second is the use by American residents of foreign financial facilities located in jurisdictions with various types of secrecy laws.

The bill contains three substantive titles. Title I requires the Secretary of the Treasury to prescribe regulations whereby insured banks, insured institutions, and other financial institutions must maintain appropriate types of records which have, or may have, a high degree of usefulness in criminal, tax or regulatory investigations or proceedings. Title II provides for records and reports of domestic currency transactions, exports and imports of monetary instruments and records and reports of foreign transactions by residents or citizens of the United States or persons doing business therein. Title III amends Section 7(a) of the Securities and Exchange Act of 1934, to make it unlawful for persons to obtain or retain credit in violation of rules or regulations issued pursuant to that Section.