EAC SUMMARY

Introduction;

 East African Community is an integration established under article 2 of the Treaty.

Back ground

 The construction of Kenya – Uganda Railway (1897-1901).

 The East Africa High Commission (1947-1966).

 The East African Common Services Organisation Agreements (1961-1966)

 The Treaty for East African Cooperation 1967.

Collapse of former EA Cooperation:

- 1977; reasons being; the national economic weaknesses and inadequate resources of

individual countries are major challenges to the speed and expected benefits of

regional integration.

- Also, lack of real political commitment, overlapping membership, lack of policy

harmonization, lack of diversification, poor private sector participation and continued

disproportionate sharing of benefits of the Community among the partner states due

to their differences in their levels of development.

- 1984 the EAC Mediation Agreement for division of the assets and liabilities. They

explored the area for future cooperation.

 - Permanent Tripartite Commission 1993.

- Secretariat of the permanent Tripartite Commission for Cooperation-1994.

- 1997-2000 heads of state decided to upgrade the agreement establishing the Tripartite

Commission into a Treaty.

A gradual Process:

 Free trade: where all tariffs are being eliminated & access of preferential markets of

their co- members.

 Customs Union: means that the regional groupings institute a common external tariff

which is applicable to all imports from non-member countries. It is a form of economic

integration involving two or more sovereign states that stipulates that there be free trade

between the member states and a common tariff policy on trade with non-member states.

- Established under article 2(1) of the Protocol on the Establishment of the East African

Custom Union in 2005. ( Common External tariff took place)

 Common Market: all elements of customs union exist except the difference is that the

free movement of the factors of production; capital and labour along with goods and

services is allowed within the regional grouping. ( Free movement of capital, labour,

goods and services)

 Monetary Union: all elements of the preceding stage with a common currency and a

coordinated economic policy.

 Political Federation:
 Fast track Political Federation: started in 2004 in order to foster both national and

regional competitive social economic capacities.

- The heads of state of the EAC countries at their extraordinary Summit in Nairobi on

August 27-29 2004 resolved to expedite the process of regional integration so that the

ultimate goal of a political Federation is achieved.

- The committee on Fast Tracking East African Federation led by Hon. Amos Wako was

formed. It recommended that a Political Federation can be achieved through a fast track

mechanism by 2010 as an interim period and the period 2010-2013 as the consolidation

phase during which the presidency could be held on a rotational basis amongst the EAC

partner states’ residing presidents.

- Heads of State met in 2008 and resolved to have a common market and a single currency

by 2012 before moving to a political federation.

- Member countries have to focus on intensification of EAC economic regional

integration as a first step towards political federation and African economic regional

integration.

- That is, expansion of social economic opportunities for investment, increase of

production and trade, increase of African incomes and tapping of unexploited

resources. Reduction on dependence on the outside world and creating conditions for

self sustained and autonomous development.

Legal capacity

 The community is a body corporate with perpetual succession and has power to

possess property, sue and be sued in its own name. ( article 4) Secretary General

shall represent the community as a body corporate.

Organs the Community (article 9)

1. The Summit

2. The Council

3. The Coordination Committee

4. Sectoral Committees

5. The East African Court of Justice

6. The East African Legislative Assembly

7. The Secretariat

Institutions of the Community:

 The East African Development Bank, the Lake Victoria Fisheries

Organisation, Lake Victoria Basin Commission, Civil Aviation Safety and

Security Oversight Agency, Inter University Council for East Africa and any

other institution established under the Treaty.

THE SUMMIT (Chapter 4)

 Consists of the Heads of State or Government of the Partner state. A minister may

be appointed to represent the Head.

 Functions; to give directions to the achievement of community objectives, to

consider the annual progress report submitted by the Council.

 No delegation shall be made on; giving general direction, appointing Judges of

EACJ, admission of new members and assent of bills.

 They meet at least once a year and may hold extraordinary meeting. Their

decision is held by consensus.

 The tenure of office of the chairperson is one year and is held in rotation among

partner states.

THE COUNCIL (Chapter 5)

 Consists of the Ministers responsible for regional cooperation of each partner state or

any other minister as the state may determine and the attorney general of each partner

state.

 Functions; the policy organ of the community, initiate and submit bills, consider the

budget, make rules, regulations of the community, submit annual progress reports to

the summit and prepare agenda for the summit meetings, Establishes Sectoral Council

to deal with various matters.

  The council meets twice in each year; one meeting should precede a meeting of the

Summit.

COORDINATION COMMITTEE (Chapter 6)

 Consists of the Permanent Secretaries responsible for regional co-operation in each

partner state.

 Functions; submit reports and recommendations to the council, implement decisions of

the council, receive and consider reports of the Sectoral Committees and coordinate

their activities.

 Meets at least twice a year preceding meetings of the council.

SECTORAL COMMITTEES (Chapter 7)

 Formed upon recommendation to the council by coordination committee.

 Functions; preparation and recommendation of implementation programmes of given

sector, submit reports and recommendations to the coordination committee.

 Shall meet as often as necessary for proper functioning.

THE EAST AFRICAN COURT OF JUSTICE (chapter 8)

 Interpretation and application of the Treaty.

 Divisions; First Instance Division and an Appellate Division.

  Judges appointed by the Summit among persons with integrity and who may hold such

high judicial office in their own countries. Their full term is 7 years.

 The maximum number of Judges is 15 Judges; not more than 10 for First Instance

Division and not more than 5 for the Appellate Division.

 A president and a vice-president of the Court shall be appointed by the Summit from

Judges of the Appellate Division. This shall be held in rotation after one term

completion. The President shall be the head of the Court.

 The summit shall designate 2 of the Judges of the First Instance Division as the

Principal Judge and Deputy Principal Judge. The Principal Judge shall direct works of

the First Instance Division.

 Removal of Judges; misconduct or inability to function.

 Jurisdiction; over the interpretation and application of the treaty ( article 27)

Who may file a case?

 Reference by Partner state. (article 28)

 Reference by the Secretary General (article 29)

 Reference by legal and natural person (article 30)

 Disputes between the community and its employees ( article 31)

 Arbitration clause and any other agreement ( article 32)

National Courts

 Article 33; concurrent jurisdiction where community is a part to a dispute. However,

EACJ have precedence over decisions of national courts on interpretation and

application of the Treaty.

 Article 34; preliminary rulings by national courts.

 Appeals shall lie to the Appellate Division on; Points of law, grounds of lack of

jurisdiction or procedural irregularity. ( article 35A)

 The court has a role of giving advisory opinions to the summit, the council or a partner

state.

 Appearance; in person or representation by an advocate entitled to appear before a

superior court of the partner state.

 Proceedings; either written or oral.

 Execution of Judgments; in pecuniary obligation, rules of civil procedure in force in

the partner state will take place.

 Language of the court is English; seat of the court is to be determined by the Summit.

 East African Court of Justice Rules: Computation of time, preparation of documents,

Service of documents, appearance and representation, pleadings.

 Interlocutory application, Reference and Statement of Claim.

 Judgment to be delivered within 60 after finalization of hearing.

EAST AFRICAN LEGISLATIVE ASSEMBLY (Chapter 9)

 Membership; 9 members elected by each partner state and ex –officio members

consisting of ministers or deputy Minister responsible for EAC affairs, the Secretary

General and the Counsel to the Community.

 There shall be a Speaker, Committees of the Assembly, Clerk of the Assembly and

other officers.

 Speaker shall be elected on rotational basis and shall be served for a period of five

years.

 The Assembly is a legislative organ of the Community; debate and approve budget,

consider annual reports on community activities.

 Election; each partner state National Assembly shall elect not from among its members

9 members of the Assembly who should represent various political parties. Elected

member shall hold office for 5 years and be eligible for re-election for a further term of

5 years.

 Question on whether a person is an elected member of the Assembly or any seat on the

Assembly is vacant will be determined by Partner state institution. (article 52)

 Meetings; held at such times and places as the Assembly may decide. It shall meet at

least once in every year at Arusha at a time to be determined by the Assembly.

 Assent; a Bill passed by Assembly must be assented by Heads of state. Heads of state

may assent or withhold their assent.

  Relations between National Assembly and EA Legislative Assembly; Clerk of EALA

shall transmit copies of records, Bills and Acts of the Community to the National

Assemblies for information.

THE SECRETARIAT (Chapter 10)

 It is the Executive organ.

 It consists of Secretary General, Deputy Secretaries General, Counsel to the

Community and such other offices as determined by the Council.

 The Secretary General is appointed by the Summit upon nomination by Head of State

on rotation. The Secretary General shall be the Principal executive officer of the

Community. He shall be the head of the Secretariat, accounting officer of the

Community, the secretary of the Summit and carry other duties as conferred by Treaty

or Council.

 The Secretary General shall serve a fixed 5 year term.

 Deputy Secretaries General shall be appointed by the Summit on recommendation by

the Council. They shall serve a 3 year term, renewable once.

 The counsel to the Community is the principal legal adviser to the Community.

CASES:

Prof. Peter Anyang’nyongo & 10 others v. AG of Kenya Ref. no.2/2006

Mtikila v. AG of Tanzania & Secretary General Ref. no.2/2007