Case Number REF NO. 3 of 2007

A reference challenging the process that led to the amendment of the Treaty without following the procedure that is provided under the Treaty. The Court was invited to investigate whether the said amendments were carried out in good faith; and whether would strengthen the Community

RespondentAttorney General of Kenya and 3 Others
ComplainantEast Africa Law Society and 4 Others
Date filedMay 17, 2007
CountriesKenya , Tanzania , Uganda
KeywordTreaty Amendments
Treaty ArticleArticle 150 , Article 30 , Article 38 , Article 5 , Article 7

First Instance Judgment

VerdictThe court sides with the applicants in that the lack of people's participation in the amendment process constituted infringement of principles and provisions in Articles 5 (3) (g) and 7 (1) (a). The court also holds that the purpose for which Article 26 was amended constituted infringement of Article 38 (2) of the Treaty. However, the court invokes the doctrine of prospective annulment.The court declines to invalidate the amendments and declares that the holding on the requirement of involvement of people in the Treaty amendment process shall have prospective application. The respondents shall jointly and severally bear the applicant's costs.  
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Date deliveredAugust 31, 2008

Appeal Judgment

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