East African Court of Justice, 24th November 2025: The East African Court of Justice (EACJ) First Instance Division has issued an interim injunction, effectively staying the implementation of the Economic Partnership Agreement (EPA) between the Republic of Kenya and the European Union (EU). The ruling stems from an application by the Centre for Law Economic and Policy of East African Integration (CLEP East Africa), which challenged the agreement’s legality and potential for irreparable harm.
CLEP East Africa filed Application No. 7 of 2024, arising from Reference No. 10 of 2024, asserting that the Kenya-EU EPA was entered into in violation of various provisions of the Treaty for the Establishment of the East African Community, as well as the Protocols on the Customs Union and Common Market. Key among the Applicant’s arguments was the alleged failure to notify other EAC Partner States and the potential impact on new members like the Democratic Republic of Congo and South Sudan.
In its ruling, the Court applied a three-part test for granting interim injunctions. It affirmed the existence of “serious triable issues” in the main Reference, a point largely uncontested by the Respondents. Crucially, the Court found that CLEP East Africa had successfully demonstrated that the implementation of the EPA would cause “irreparable injury” that could not be adequately compensated by monetary damages. The Court specifically highlighted concerns regarding the EPA’s potential impact on environmental and biodiversity aspects, citing the principle that “the environment, once damaged is rarely ever repaired.”
The 1st Respondent, the Attorney General of the Republic of Kenya, had argued against the injunction, emphasizing Kenya’s sovereignty in ratifying the agreement and suggesting that any harm could be compensated. The 2nd Respondent, the Secretary General of the East African Community, also opposed the injunction, questioning the Applicant’s standing and arguing that the matter had been addressed by the EAC Summit through the principle of variable geometry.
However, the Court concluded that the Applicant had satisfactorily demonstrated irreparable injury, shifting the burden to the Respondents to prove otherwise.
Consequently, the EACJ ordered that the implementation of the Economic Partnership Agreement between the Republic of Kenya and the European Union is stayed until the final determination of Reference No. 10 of 2024.
About the EACJ
The East African Court of Justice (EACJ or ‘the Court’), is one of the Organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. The Court was established in November 2001, its key mandate is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the capitals of the following Partner States: Burundi, Kenya, Rwanda, Uganda and United Republic of Tanzania.
For more information please contact:
Christine Mutimura
Ag. Registrar,
East African Court of Justice.
Arusha, Tanzania
Tel: 255-27-2162149
Email: cmwekesa@eachq.org