EFFECTIVENESS OF THE EAST AFRICAN COURT OF JUSTICE AS A VANGUARD FOR REGIONAL INTEGRATION

A DOCTRINAL ASSESSMENT

Abstract

This Paper seeks to navigate the exactitude of compliance and enforcement mechanisms taking place in the East African Community (EAC) through the lens of the East African Court of Justice (EACJ), with a particular focus on the efficiency of its authority and functionality. The paper extrapolates thoughts on the perceptions of legal mirages, myths and realities and the extent to which existing regional institutional frameworks shift to practical enforcement and adherence to EAC Treaty obligations. By borrowing from a deep analysis of regionalism and relevant case material, this Paper sets to and finds a gaping disconnect involving regulation and their operationalization. While the EAC Treaty provides an imperfect policy framework for operationalization and judicial enforcement, Partner States repeatedly exhibit a regular pattern of selective compliance; brushing off legal obligations by consistently bypassing mandatory regional requirements either in favor of international pursuits or jingoist alternatives seen in Globalisation agendas and which have in turn led to the weakening of the effectiveness, legitimacy and authority of the EACJ and which in turn ends up limiting institutional credibility. The paper then concludes by arguing that without stronger community enforcement, outright political commitment and sweeping community law reforms, the EACJ’s role as a safeguard of regional integration will remain constrained. Lastly, the Paper goes on to recommend a few insights that seek to contribute towards a broader debate on the effectiveness of the mandates of Regional Integration.