Abstract
The East African Community (EAC) Treaty established the East African Court of Justice (EACJ) as the judicial organ of the Community. The EACJ has contentious and advisory jurisdiction. Over its 15 years of existence the Court has only been requested to and delivered two advisory opinions. The first one dealt with the application of the principle of Variable Geometry.
The second advisory opinion adressed the extent to which partner states may be called upon to shoulder the financial responsibility of the Community’s employment contracts. It is in this regard that this article aims at analyzing the scope and application of the Advisory jurisdiction of the EACJ and the role of advisory opinions in the development of the EAC law and the EAC integration process. This article discusses the advisory jurisdiction of the Court, the question of locus standi with regard to the advisory jurisdiction of this Court, and examines the preliminary conditions for a legitimate and valid request for advsiory opinion.
It eventually discusses the role of the two advisory opinions that have been delivered by this EACJ so far on the developement of the EAC law. This article concludes by affirming that the request for advisory opinion permits organs of the Community to review from time to time the difficult and important questions of the EAC law. As stated by the EACJ Appellate Division, the singular significance of the advisory opinion lies in the overarching role that the Treaty has carved out for the EACJ in the overall spectrum of the integration process of the Community.
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References
Books and Articles
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Case Law
1. Anyang Nyong’o and others V Attorney General of Kenya and others, Reference No.1 of 2016(EACJ);
2. Advisory Opinion No.1 of 2015 A Request by the Council of Ministers of the East African Community for an Advisory Opinion [2015] (EACJ, 2015)
3. Appeal No 4 of 2014 Angella Mudo V. The Secretary General of the East African Community, judgement,[2015] (EACJ, 2015
4. Appeal No 3 of 2011, The Attorney General of the Republic of Tanzania V. African Network Animal Welfare(ANAW), judgement,[2012] (EACJ, 2012)[
5. Appeal No 4 of 2012 Legal Brains Trust(LBT) Ltd V. The Attorney General of Uganda, judgement [ 2012 ] (EACJ, 2012)
6. International Court of Justice: Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, 35 I.L.M. 809, 809 (1996)
7. Application No.1 of 2008 A Request by the Council of Ministers of the East African Community for an Advisory Opinion-before the EACJ [2009] (EACJ, 2009),
8. Loizidou V. Turkey, Judgment of 21 February, 1975, Golder, Series A, no. 99