East African Court of Justice

What is the East African Court of Justice?

The East African Court of Justice (East African Court) is the judicial organ of the East African Community (Community), an intergovernmental organisation composed of Burundi, Kenya, Rwanda, Tanzania and Uganda (Partner States).

The East African Court was established by Article 9 of the Treaty for the Establishment of the East African Community (Treaty), which came into force on 7 July 2000. The Court has its seat in Arusha, Tanzania.

What kinds of cases can be brought to the East African Court?

The East African Court has jurisdiction over the interpretation and application of the Treaty (Article 23). Many of the Court’s judgments concern the internal workings of the East African Community. Although the Court currently lacks explicit jurisdiction over human rights, the Treaty provides for the possibility of opening the Court’s jurisdiction to human rights cases at a later date. The Court has also already decided cases involving individual rights (see “Further information” below).

In Katabazi v. Secretary General of the EAC and Uganda, the Court decided on a complaint involving a violation of the rule of law. It held that even if a complaint also raises human rights issues, this does not exclude it from the Court’s jurisdiction.

How does it work?

The East African Court is made up of two divisions: a First Instance Division and an Appellate Division. It is composed of a maximum of 10 judges in the First Instance Division and of five in the Appellate Division. Judges are appointed by the East African Community Summit, the highest organ of the Community, from a group of individuals recommended by the Partner States.

There is no requirement to exhaust domestic remedies before bringing an application to the Court. However, if an individual initiates a case then they must lodge their complaint within two months of the decision or action they are complaining about (Article 30(2)).

The First Instance Division decides after hearing the case whether or not there is a legitimate reason under the Treaty to bring the complaint before the Court. It usually takes the Court less than a year to issue a first instance decision. Decisions of the First Instance Division may be appealed to the Appellate Division (Articles 23(3) and 35A), which has the power to confirm, deny or change decisions of the First Instance Division. Decisions of the Appellate Division are final.

Article 38(3) requires Partner States to take all necessary measures to implement a Court judgment. Financial damages will be imposed via civil procedure rules of the partner state, where the judgment is enforced. Article 39 also allows the Court to make binding interim orders. However, there is no procedure to sanction a State that has failed to implement a decision.

Who can initiate proceedings?                                

Individuals and companies or societies: Any individual or legal person (such as an NGO or company) who is a resident of a Partner State may challenge an Act, regulation, directive, decision or action of the State or an institution of the Community on the grounds that it is unlawful or infringes the provisions of the Treaty (Article 30(1)).

Partner States: A Partner State can refer a matter to the Court if it considers that another Partner State, an organ or an institution of the Community has failed to fulfil an obligation under, or has infringed a provision of, the Treaty (Article 28(1)). A Partner State can also ask the Court to determine the legality of any Act, regulation, directive, decision or action on the ground that it is ultra vires (beyond power or authority) or unlawful or infringes the provisions of the Treaty (Article 28(2)).

Secretary General: The Secretary General of the Community can refer a matter to the Court if it considers that a Partner State has failed to fulfil an obligation under, or has infringed a provision of, the Treaty (Article 29).

National courts: National courts can refer a matter to the Court for a preliminary ruling on a question of Treaty interpretation or the validity of a Community regulation, directive, decision or action (Article 34).  

Further information:

 

Contact details

East African Court of Justice
EAC Headquarters, 1st Floor,
Africa Mashariki Road,
EAC Close,
PO Box 1096
Arusha, Tanzania
Tel: +255 27 2506093
Fax: +255 27 27 2509493
Email: [email protected]
http://eacj.org/