East African Law Society and 4 Others Vs Attorney General of Kenya and 3 Others
Case Number | REF NO. 3 of 2007 |
Summary | 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
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Respondent | Attorney General of Kenya and 3 Others |
Complainant | East Africa Law Society and 4 Others |
Date filed | May 17, 2007 |
Countries | Kenya , Tanzania , Uganda |
Keyword | Treaty Amendments |
Treaty Article | Article 150 , Article 30 , Article 38 , Article 5 , Article 7 |
First Instance Judgment
Verdict | The 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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PDF document | Download the decision as PDF
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Date delivered | August 31, 2008 |
Quorum | |
Appeal Judgment
Verdict | |
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Date delivered | |
Quorum | |