East African Law Society v Secretary General of the East African Community [2013] RC 9 (KLR)
- Court
- RC
- Case number
- 9
- Citation
- [2013] RC 9 (KLR)
- Decided
- 14 February 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePublic Interest LitigationPostureAppeal from a lower court decisionCoramJOHNSTON BUSINGYE, JOHN MKWAWA, ISAAC LENAOLA
Holding
The Court finds that the protocols are inconsistent with the Treaty and directs the parties to bear their respective costs.
Facts
The East African Law Society filed a reference under various articles of the Treaty for the Establishment of the East African Community, alleging inconsistencies between certain protocols and the Treaty.
Issues
- Inconsistency between Article 24(1)(e) of the Protocol Establishing the East African Community Customs Union and Article 54(2) of the Protocol for the Establishment of the East Africa Community Common Market with Articles 27(1), 38(1), and (2) of the Treaty for the Establishment of the East African Community.
- Inconsistency between Article 24(1)(e) of the Protocol Establishing the East African Community Customs Union and Article 38(1) and (2) of the Treaty for the Establishment of the East African Community.
Reasoning
The Court ruled that the protocols purport to oust the jurisdiction of the East African Court of Justice in matters relating to East African Community regional integration processes, which is inconsistent with the Treaty.
Outcome
Affirmed
Orders
- The parties shall bear their respective costs.
Authorities cited
Legislation (3)
- Treaty for the Establishment of the East African Community
- Protocol Establishing the East African Community Customs Union
- Protocol for the Establishment of the East Africa Community Common Market
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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