1. Who is this Users Guide for and how can it help?
This Users Guide is provided free of charge by the East African Court of Justice
(“EACJ” or “the Court”) – to be used by all East Africans and others having an
interest in the Court. The Guide seeks to help them gain insight into the Court’s
functions and operations; and on how to access the Court.
It is aimed at encouraging people to know about the EACJ, to make use of it in their
civil cases or disputes and to obtain justice. This Guide aims to clarify who does
what; how proceedings are handled in the Court; and how users of the Court can get
the most out of the services provided by the Court.
Among the Court’s users are the persons directly involved in the cases brought
before the Court, namely: the Parties and their lawyers, the witnesses (including
expert witnesses); as well as others, such as the “the friends of the Court” (amicus
curiae), researchers, scholars, students of law and integration, administrators and
Policy makers both at the East African Community level and at the Partner States
level, and many others of that kind.
However, this Guide does not cover all the details concerning the Court and what
you should do. Many of the laws and procedures that control the Court’s operations
have been simplified and summarized in this Guide for easy and ready
understanding. It should, therefore, be used only as a guide to the substantive
provisions governing the operations of the Court (i.e. the primary law of the Court). If
you are in any doubt about your rights, you should check with the registry of the
Court; or refer to the primary law, or your lawyer.
2. What is the Treaty for the Establishment of the East African Community?
The Treaty for the Establishment of the East African Community (“the EAC Treaty”)
was signed in November, 1999; and entered into force in July 2000. In 2007, the
Partner States established as an integral part of the Community a Common Market
for widening and deepening mutual cooperation among Tanzania, Kenya, Rwanda,
Burundi and Uganda (the “Partner States”) to boost economic growth, cooperation
and development of their common region.
These countries have authorised and allowed between and among themselves free
movement of goods and services; free movement of capital; free movement of labour
and persons; and the right of establishment and residence in order to benefit all the
people of East Africa.
In the Treaty the Partner States agreed that the objectives of the Community shall be
“people-centred and market-driven”, looking for economic growth and development
of the region.
The East African Community has seven key organs: the Summit of the Heads of
State and Government, the Council of Ministers, the Co-ordination Committee, the
Sectoral Committees, the East African Court of Justice (EACJ), the East African
Legislative Assembly (EALA), and the EAC Secretariat. These organs have been
created by the Treaty as mechanisms to achieve its goals [Article 9 of the Treaty].
1