THE EAST AFRICAN LAW SOCIETY v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

Case Number	REFERENCE NO. 1 OF 2011
Summary	This is a case covering different, potentially conflicting treaties, their interpretation and consequences arising thus for jurisdiction of the Court.
Respondent	The Secretary General of The East African Community
Complainant	The East African Law Society
Date filed
Countries	East African Community
Keyword	Jurisdiction , Treaty Amendments
Treaty Article	Article 1 , Article 151 , Article 27 , Article 30 , Article 38 , Article 4 , Article 5 , Article 6 , Article 67 , Article 7 , Article 75 , Article 76 , Article 8 , Rule 1 , Rule 24

Verdict	From the analysis of the issues set for determination, it is obvious that we have not found wholly in favour of the position taken by either party to the Reference. We however, concluded as follows: The dispute settlement mechanisms created under the Customs Union and Common Market Protocols do not exclude, oust or infringe upon the interpretative jurisdiction of this Court. Further, the impugned provisions of both Protocols are not in contravention of or in contradiction with the relevant provisions of the Treaty. In the premises any submission that this Court lacks jurisdiction over disputes arising out of the interpretation and application and implementation of the Protocols cannot be sustained, and we have given our reasons elsewhere above.
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Date delivered	February 14, 2013
Quorum