A REQUEST BY THE COUNCIL OF MINISTERS OF THE EAST AFRICAN COMMUNITY FOR AN ADVISORY OPINION PURSUANT TO ARTICLES 14 (4) AND 36 OF THE TREATY

by admin | Mar 19, 2019

Consensus- The principle of variable geometry- Unanimity- whether variable geometry could be applied to guide the community’s integration process- whether consensus in decision-making implied unanimity. Articles 7 (e), 12 (3), 14(4), 15 (4), 23(1), 27, 36 and 148 of...

DEMOCRATIC PARTY v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY & 4 OTHERS

by admin | Aug 11, 2015

The Appellant averred that the 2nd, 3rd, 4th, and 5th Respondents were all signatories to the African Charter on Human and Peoples Rights and the Protocol and yet they had failed, refused or delayed to make declarations to accept the competence of the African Court on...

Democratic Party Vs The Secretary General of the East African Community & 4 Others

by Salim Salim | Feb 19, 2014

The Reference principally challenges the alleged failure by the 2nd, 3rd, 4th and 5th Respondents to make individual country declarations in acceptance of the competence of the African Court on Human and People’s Rights in line with Articles 5(3) and 34(6) of the...

Democratic Party Vs The Secretary General of the East African Community, The Attorney General of the Republic of Uganda, The Attorney General of the Republic of Kenya, The Attorney General of the Republic Rwanda and The Attorney General of the Republic of Burundi

by Salim Salim | Oct 2, 2013

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

by Salim Salim | Sep 13, 2013

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...