3. What is the East African Court of Justice (EACJ)?
The East African Court of Justice (the Court), is a regional court created under the
EAC Treaty [Article 9]. The Court has been in existence since November 2001.
Like the other Organs of the East African Community, it has contributed, in its unique
way, to the East African Community Integration process by settling disputes, legally
guiding the integration process with its judicial pronouncements and also building
regional legal decisions that have become common and applicable to the five
Partner States of the Community. These regional legal decisions constitute the
Court’s “jurisprudence” (i.e. case law).
4. Why is the East African Court of Justice needed?
The Treaty was adopted for widening and deepening co-operation among the
Partner States of Tanzania, Kenya, Rwanda, Burundi and Uganda for their mutual
benefit in the political, economic, social, cultural, legal and judicial fields among
others. It is, therefore, important to recognize that some disputes, legal problems,
questions, or contradictions could arise in any area of that cooperation within the
countries of the Community, its institutions, or between its citizens.
Some of those disputes could escalate to the point at which one side or the other
looks to the court system for resolution by starting a lawsuit. In these cases, these
disputes or problems must be solved through a regional legal mechanism.
The East African Court of Justice ensures the adherence to law in the interpretation,
application of and compliance with the rules and norms of the EAC Treaty. It
provides necessary decisions and solutions to legal problems or disputes that arise.
Indeed, through other legal mechanisms, the Court could even prevent such
disputes from escalating into lawsuits. Furthermore, the decisions of the Court have
precedence over decisions of national courts on a similar matter [Article 33].
5. What are the main Objectives of the Court for achieving its mission?
These objectives include the following:
x
Implement all the relevant provisions of the Treaty [especially Articles 27 (2)
and 140 (4)], including conclusion of necessary Protocols.
x
Rationalize the design of the Court under the Treaty (review/amend).
x
Proactively influence a positive shift in the mind-set of the EAC Policy Organs
and other Stakeholders concerning the role and place of the Court.
x
Make the Court visible and indispensable in [matters related to] the discharge
of its mandate.
x
Enhance the Capacity of the Court
2