Timothy Alvin Kahoho V Secretary General of the East African Community [2013] RC 2 (KLR)
- Court
- RC
- Case number
- 2
- Citation
- [2013] RC 2 (KLR)
The Court declared that the Summit had grossly breached the Treaty by mandating the Secretariat to produce a road map and action plan for the integration process, and that the Summit approved the Protocol on Immunities and Privileges in breach of Articles 73 and 138.
Facts
The 13th Summit of the East African Community issued a Communiqué approving a Protocol on Immunities and Privileges, which the Applicant claims contravenes Articles 73, 138, and 151 of the Treaty.
Issues
- whether the 13th Summit decision approving the Protocol on Immunities and Privileges contravened Articles 73, 138, and 151
- whether the Summit had the mandate to approve the Protocol
Reasoning
The Court interpreted the Treaty and the Vienna Convention on the Law of Treaties to determine that the Summit had the discretion to approve the Protocol and that the mandate to produce the road map and action plan was not within the scope of the Treaty.
Outcome
Affirmed the lower court's decision.
Orders
- A declaration that the Summit had grossly breached the Treaty
- A declaration that the Summit approved the Protocol on Immunities and Privileges in breach of Articles 73 and 138
- A declaration that the Summit has no mandate to exclude Partner States and the Council from performing functions vested to them by the Treaty
- A declaration that the mandated functions by the Secretariat are null and void
- Costs of the Application
Remedies
- Declaration of breach of Treaty
- Declaration of approval of Protocol in breach of Articles 73 and 138
- Declaration of no mandate to exclude Partner States and the Council
- Declaration of null and void functions by the Secretariat
Authorities cited
Legislation (2)
- Treaty for the Establishment of the East African Community
- Vienna Convention on the Law of Treaties
Cases cited (1)
- Modern Holdings (E.A) Limited vs Kenya Ports Authority, EACJ Reference No. 1 of 2008
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