THE EAST AFRICAN CENTRE FOR TRADE POLICY AND LAW v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

Case Number REFERENCE NO. 9 OF 2012
Summary

The case concerns whether amendments to the East African Community Treaty and the dispute settlement mechanisms provided for in both Protocols, limit / deny jurisdiction to the EACJ by transferring matters reserved for the EACJ under the Treaty to Partner State institutions and organs.
RespondentThe Secretary General of the East African Community
ComplainantThe East African Centre for Trade Policy and Law
Date filedNovember 25, 2011
CountriesEast African Community
KeywordJurisdiction , Treaty Amendments
Treaty ArticleArticle 126 , Article 23 , Article 27 , Article 30 , Article 33 , Article 5 , Article 6 , Article 8 , Rule 1 , Rule 24

First Instance Judgment

Verdict1. The proviso to Article 27(1) and Article 30(3) undermine the supremacy of the EACJ and therefore contravene Articles 5, 6, 8 (1), (4) & (5) and 23 of the Treaty. 2. The dispute settlement mechanisms provided for under the Customs Union and the Common Market Protocol do not oust the original jurisdiction of the Court of handling disputes thereunder. 3. Either party shall bear his or its costs, since this Reference falls in the category of public interest litigation.
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Date deliveredMay 10, 2013
Quorum

Appeal Judgment

Verdict  Each party shall bear its own costs of this Application.
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Date delivered
Quorum