East African Law Society and 4 others vs The Attorney General Of The Republic of Kenya, The Attorney General Of The United Republic Of Tanzania, The Attorney General Of The Republic Of Uganda, The Secretary General Of The East African Community

Case Card

Case NumberNo. 9 of 2007
Summary

The essence of the Reference is to the effect that the amendments of the Treaty and ratification thereof by the three Partner States, namely the Republic of Kenya (1st Respondent); the United Republic of Tanzania (2nd Respondent) and the Republic of Uganda (3rd Respondent) are illegal, unconstitutional and of no legal effect since they were made in contravention of Articles 150 and 38 of the Treaty. The applicants are therefore seeking from the Court the following prayers:

1. Declaration that the process of amendment of the Treaty infringes Articles 5, 6, 7, 8, 9, 11, 38 and 150 of the Treaty, as well as peremptory norms of international law;
2. Declaration that amendment of the Treaty shall incorporate public consultation and participation, in the same manner that was employed in negotiating the Treaty and the various Protocols under it, especially the Protocol on the Establishment of the East African Community Customs Union;
3. Declaration that the entire process of amendment of the Treaty to date is unlawful and of no legal effect
4. Declaration that the purported ratification processes for the said Treaty Amendments employed by the Republic of Kenya,
Republic of Uganda and the United Republic of Tanzania are illegal, unconstitutional and of no legal effect;
5. Order that the Partner States cannot amend the Treaty without commencing a fresh process, as provided for under Article
150 of the Treaty;
6. Order that the cost of and incidental to this Treaty Reference Application be met by the Respondents;
7. That this Honourable Court be pleased to make such further or other orders as may be necessary in the circumstances.

RespondentThe Attorney General Of The Republic of Kenya, The Attorney General Of The United Republic Of Tanzania, The Attorney General Of The Republic Of Uganda, The Secretary General Of The East African Community
ComplainantEast African Law Society, The Law Society Of Kenya, The Tanganyika Law Society, The Uganda Law Society, The Zanzibar Law Society
Date filedMay 18, 2007
CountriesEast African Community , Kenya , Tanzania , Uganda
KeywordTreaty Amendments
Treaty ArticleArticle 1 , Article 11 , Article 150 , Article 30 , Article 38 , Article 4 , Article 5 , Article 6 , Article 7 , Article 8 , Article 9


First Instance Judgment

VerdictThe application was dismissed for injunction.
PDF documentDownload the decision as PDF
Date deliveredJuly 11, 2007
Quorum


Appeal Judgment

Verdict
PDF document
Date delivered
Quorum


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