Protocol to operationalize the extended jurisdiction of the East African Court of Justice.

Abstract

This Protocol, concluded pursuant to Article 27(2) of the Treaty for the Establishment of the East African Community, operationalises the extension of the EACJ’s jurisdiction to support deeper regional integration and ensure adherence to law in interpreting and applying the Treaty. It affirms the Summit’s 30 November 2013 decision to broaden the Court’s remit in line with the Customs Union, Common Market, and Monetary Union stages of integration.

Substantively, the Protocol grants the EACJ jurisdiction over: (i) trade and investment disputes arising from implementation of the Protocol on the Establishment of the EAC Customs Union; (ii) disputes arising from implementation of the Protocol on the Establishment of the EAC Common Market; and (iii) disputes arising out of implementation of the Protocol on the Establishment of the EAC Monetary Union. The extension does not displace jurisdiction conferred on other bodies by the Treaty or Partner State laws.

Institutionally, it provides definitions, allows amendments in accordance with Article 150 of the Treaty, and stipulates entry into force upon ratification by all Partner States with instruments deposited with the EAC Secretary General, who also serves as depository and registers the Protocol with the African Union and any other organisation as the Council may determine.