Access to Court

The Treaty gives access to the Court to the following:

  • A Partner State against another Partner State, an organ or institution of the Community which has failed to fulfill an obligation or has infringed a provision of the Treaty;
  • Legal or natural person seeking a determination on the legality of any Act, regulation, directive decision or action of a Partner State on the ground that it is or unlawful or infringes the Treaty;
  • Employees of the Community on disputes concerning the terms and conditions of their employment;
  • The Secretary General of the EAC may file a Reference, under the direction of the EAC Council of Ministers, against a Partner State that fails to fulfill Treaty;
  • Parties to commercial contracts may seek arbitration if their agreements have an arbitration clause giving the Court jurisdiction
  • The EAC Council of Ministers or a Partner State may request for an Advisory Opinion ; and
  • National Courts and Tribunals can seek an interpretation or application of the Treaty or on questions of the validity of the regulations, directives, decisions or actions of the Community.