(2) The Court will at an appropriate time in the future, be granted extended
jurisdiction over other subject matters (whether original, appellate, human
rights, or any other kind of jurisdiction).
Such extension will require
decision(s) of the Council of Ministers of the Community. To this end, the
Partner States of the Community will need to agree a Protocol to
operationalize the extended jurisdiction [Article 27(2)].
(3) In addition, the EACJ has the jurisdiction to hear and determine:
x
Disputes involving a Partner State’s failure to fulfil its Treaty obligations, or
infringement of Treaty provision(s), including the legality of any law or
action of the Partner State which does not conform to the Treaty; or where
a Partner State refers the matter directly to the Court [Article 28] ─ after
the Council of Ministers has failed, in the first place, to resolve the dispute.
[Article 29].
x
Reference by legal persons (i.e. corporate entities) or natural persons
(individuals) who are resident in any Partner State, who wish to challenge
the legality of actions of the Partner States or of the Community as
infringing the Treaty [Article 30].
x
Disputes between the Community, and its Employees arising from the
terms and conditions of employment or the interpretation and application
of the staff rules and regulations governing the Employees of the
Community or its Institutions [Article 31].
x
Disputes involving the Community, the Partner States or others regarding
the Treaty or a commercial contract, if the dispute is submitted to the Court
under a special arbitration agreement or arises out of an arbitration clause
contained in a contract or agreement conferring such jurisdiction on the
Court [Article 32].
x
Requests made to the Court by the Partner States’ national courts for
preliminary rulings on the interpretation of the Treaty [Article 34].
x
Requests for Advisory Opinions on Treaty questions affecting the
Community [Article 36].
10. Who can Access the Court?
The Court may be accessed by the following States, persons or institutions:
(1)
By the Partner States that comprise the East African Community, in the
following cases:
x
If the State considers that another Partner State or an organ or institution of
the Community:
- has failed to fulfil an obligation contained in the Treaty; or
4