East African Court of Justice

The East African Court of Justice is a treaty based judicial body to ensure adherence to law in the interpretation and application of and compliance with the East African Treaty of 1999. Its Judges, a maximum of six, are appointed by the highest organ of the community, the Summit, consisting of the heads of state, from among persons recommended by the Partner States who are of proven integrity, impartiality and independence and fulfil the conditions required in their own countries for high judicial office, or are jurists of recognised competence.

Jurisdiction of the Court

The Court has jurisdiction over the interpretation and application of the Treaty and may have other original, appellate, human rights or other jurisdiction upon conclusion of a protocol to realise such extended jurisdiction. Reference to the court may be by Legal and Natural Persons, Partner States and the Secretary General of the community.

The basis upon which any resident in a Partner State may refer for determination by the Court, the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community is on the grounds that it is “unlawful” or an “infringement” of the provisions of the Treaty.

Jurisdiction of national courts is ousted wherever the Treaty confers it on the East African Court, as decisions of the Court on the interpretation and application of the Treaty have precedence over decisions of national courts on a similar matter.

Judgment of the Court

It is mandatory the Court considers and determines every reference made to it pursuant to the Treaty in accordance with its rules and then deliver, in public session, a reasoned judgment that, subject to review, is final, binding, conclusive and not open to appeal.

An application for review of a judgment may be made to the Court. But, only if it is based upon the discovery of some fact which intrinsically might have had a decisive influence on the judgment had it been brought to the attention of the Court at the time the judgment was given, but which, at that time in question, was unknown to both the Court and the party making the application, and also which could not, with reasonable diligence, have been discovered by that party before the judgment was made, or on account of some mistake, fraud or error on the face of the record or because an injustice has been done.

The future of other regional courts with conflicting jurisdiction like the Common Market for Eastern and Southern Africa, South African Development Community and the African Court on Human and People’s Rights is thrown into serious doubts by virtue of these provisions.

Acceptance of Judgments of the Court

Any dispute concerning the interpretation or application of the Treaty or any of the matters referred to the Court cannot be subjected to any method of settlement other than those provided for in the Treaty. Where a dispute has been referred to the Court, the Partner States are enjoined to refrain from any action which might be detrimental to the resolution of or might aggravate the dispute further, a Partner State or the Council "must take", without delay, the measures required to implement a judgment of the Court.

Judges

* Moijo M.Ole Keiwua (President)

* Joseph Mulenga (Vice President)

* Augustino Ramadhani

* Joseph Sinde Warioba

* Kasanga Mulwa

* Stella Arach Amoko

* Dr. John Eudes Ruhangisa (Registrar)

Differences / Similarities to the European Court of Human Rights

As illustrated above the EACt has a much wider and comprehensive jurisdiction than the European Court of Human Rights (ECtHR), there is no exhaustion of local remedies rule and its human rights jurisdiction is based on the ACHPR not the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

External links

* [http://www.eac.int/court.htm East African Community Court of Justice]
* [http://www.saflii.org/ea/cases/EACJ/ Decisions of the East African Court of Justice]