6. What are the Composition, Structure and Location of the Court?
Following the same spirit of integration, the Court is composed of two judges
appointed by the Summit from each of the five EAC Partner States of the East
African Community: Tanzania, Kenya, Rwanda, Burundi and Uganda. Therefore, the
Court comprises a total of 10 Judges who currently seat in Arusha. Under the
Treaty, this number can be increased to a maximum of 15 judges (with 10 for the
First Instance Division, and 5 for the Appellate Division) [Article 24].
The initial Court comprised only one chamber whose decisions were final (without
opportunity for appeal). With the Treaty Amendment of August 2007, the Court now
consists of two Divisions:
(i) the First Instance Division; and
(ii) the Appellate Division ─ [Article 23(2)].
7. What does the First Instance Division of the Court do?
The First Instance Division (with a maximum of ten judges) has the mandate to hear
your case, to administer justice, and to apply the relevant laws to your case (this is
called “jurisdiction”). When you first introduce your claim before the Court, the First
Instance Division will decide after hearing and studying the case whether or not you
have a legitimate reason to bring your claim or complaint before the Court. It does
so only in accordance with the Treaty. Decisions of the First Instance Division may
be appealed to the Appellate Division of the Court [Article 23(3)].
8. What does the Appellate Division of the Court do?
In the event that you are dissatisfied or do not agree with the decision taken by the
First Instance Division, you can take your claim to the Appellate Division of the Court
for re-assessment. The Appellate Division (comprising five judges) has the power to
confirm, deny or change decisions taken by the First Instance Division. You should
be aware, however, that the decision of the Appellate Division will be the final
decision.
9. Over what subject matters does the Court have legal authority to
administer justice (i.e. What is the scope of the Court’s jurisdiction)?
Under the Treaty the Court has authority to administer justice over the following
matters:
(1) The Court has jurisdiction (i.e. authority) over the interpretation and
application of the Treaty. However, the Court has no authority to interpret the
rights and powers expressly conceded by the Treaty to organs of any member
countries of the Community [Article 27(1)].
3