1

THE EAST AFRICA COMMUNITY: CHALLENGES AND OPPORTUNITIES TO LAWYERS

PREPARED BY

ASHERRY MAGALLA

AND

MAKINGA MASUNGA

Copyright © 2015 Asherry Magalla and Makinga Masunga. All rights reserved.

No part of this publication may be reproduced or transmitted in any form or by

any means, electronic or mechanical, including photocopying, recording, or

any information storage and retrieval system, without permission in writing from

the publisher. Details on how to seek permission, further information about the

Publisher’s permissions and other arrangements can be obtained through his

email, magallajr@gmail.com

This paper and the individual contributions contained in it are protected under

copyright by the Publisher (other than as may be noted herein).

Keywords: East Africa Community, community, East African High Commission,

East African Court of Justice

1.0 INTRODUCTION

"If a door is shut, attempts should be made to open it; if

it is ajar, it should be pushed until it is wide open. In

neither case should the door be blown up at the

expense of those inside."1

The above quotation was made by the Late Father of Our Nation, Mwalimu

Julius Kambarage Nyerere (from his Stability and Change in Africa speech given

to the University of Toronto, Canada, 2 October 1969), which in one way or

another it entails the importance of opening up the doors (political and socio-

economic) in Africa particularly in East African Countries by any possible means

so as to develop the social, political and economic strength of the region. In

LL.B Degree Holder at the University of Iringa (Formerly known as Tumaini University Iringa

University College) 2009-2012, Masters Holder in Information, Communication and Technology

Law at the University of Iringa 2012-2013. Member of Non-Governmental Organization NOLESA

(The Noble Legal and Social Organization (Association)). Articles and Legal Papers Author at

academicians website www.academia.edu, and http://www.researchgate.net,

http://www.researchgate.net/ Consultant on legal issues of ICT. Contact details, email,

magallajr@gmail.com Diploma in Law Candidate (Second year) at the University of Iringa (Formerly Constituent

Tumaini University Iringa University College ) 2014-2015. 1 Julius Kambarage Nyerere, from his Stability and Change in Africa speech given to the

UniversityofToronto,Canada,2October 1969.

http://africanhistory.about.com/od/biography/a/qts-Nyerere01.htm-retrieved at 21st May 2015.

2

order for the East Africa Community to exist effectively these doors must be

completely opened in order to allow those obstacles which prohibit other from

developing such as trade barriers and other to vanish.

The paper covers the historical background of the Community on the aspect of

its legal institutions and various challenges and opportunities which the lawyers

are facing in the Community.

For the purpose of this paper, the term, ‘Community’ means The East African

Community and the term ‘Treaty’, means the East Africa Community Treaty of

1999.

1.1 The East Africa Community

The East African Community (EAC) is the regional intergovernmental

organization of the United Republic of Tanzania, Republic of Burundi, Republic of

Kenya, Republic of Rwanda and Republic of Uganda, with its headquarters in

Arusha Tanzania. The Treaty for Establishment of the East African community was

signed on 30 November 1999and entered into force on 7 July2000 following its

ratification by the original three Partner State Kenya, Tanzania and Uganda. The

Republic of Rwanda and the Republic of Burundi acceded to the East African

Community Treaty on 18 June 2007 and became full members of the

Community with effect from 1 July 2007 with the slogan of One People One

Destiny.2

1.2 THE HISTORY OF THE COMMUNITY

The history of regional cooperation in East Africa goes back to the pre-colonial

times. To understand why the EAC concept had to be re-launched, the

circumstances and issues affecting its demise and collapse must be revisited

and accessed. In the 1890s, British colonial interest in East Africa (conceived as a

region from a territorial perspective) can be traced back to accomplishing

three major objectives:

i. securing control of the Nile headwaters as a conduit for protection of British

position in Egypt and the Suez Canal,

2 Moritz B, and Stefan Reith. Kas International Reports of the East African Community, (2011) Pg

91. Who studying Politics, Economics and Law at Ludwing Maximilian University in Munich

3

ii. monitoring of pre-World War I era German imperial plans in the region, and

iii. Opening up the Kenyan hinterland via rail transport to introduce lucrative

large-scale farming.

At this time, the East African region, colonized under British control, was

comprised of Tanganyika (i.e. mainland Tanzania), Kenya, Uganda, and

Zanzibar (an island off the coast of Tanganyika).3

In 1900-1917, customs for goods destined for Uganda are collected at Mombasa

port and full customs union comprising Kenya, Uganda and later Tanganyika is

established in 1917. The first moves towards cooperation between States were

made in 1919. Kenya, Tanganyika and Uganda all of the under British

administration formed a customs union.4

In 1905-1940 The East African Currency Board, the Postal Union, the Court of

Appeal for Eastern Africa, the East Africa Governors Conference, the East

African Income Tax Board and the Joint Economic Council are established. In

1945 the East African Airways Corporation is incorporated. It covered not only

the East African region, but operated across Africa connecting also to Europe

and India. In 1948-1961 The East African High Commission (EACH) is the

coordinating body to deal with a customs union, a common external tariff,

currency and postage and also with common services in transport and

communications, research and education. Independence and first East African

community in 1961 the East African High Commission is replaced by the East

African Common Services Organization (EACSO) which many observers thought

would leads to a political federation between the three territories the new

organization suffered from a lack joint planning and fiscal policy, separate

political policies and Kenya is dominant economic position, On the way to build

the East African Community, President Jomo Kenyatta, President Julius

“Mwalimu” Nyerere and Prime minister Obote. In 1964 the union Tanganyika and

3 Baruti Katembo Pan Africanism and Development: The East African Community Model, The

Journal of Pan African Studies, vol.2, no.4, June 2008 4 ibid

4

Zanzibar to the United Republic of Tanzania. Also in 1967 signing of the treaty for

East African Co-operation among Kenya, Uganda and Tanzania.5

The East African community of 1967-1977 aimed at a common market, a

common customs tariff and a range of public services so as to achieve

balanced economic growth within the region. It was already a monetary union

with a currency board and a parity currency (1 Uganda shilling= 1 Kenya

shilling=1Tanzania shilling.). Public enterprises included East African railways and

harbors, East African airways, East African Ports and Telecommunication an East

African Development Banks. President Jomo Kenyata, President Julius

“mwalimu” Nyerere, Prime Minister Obote all are the founding fathers of the first

East African Community.

In 1967 Arusha declaration, outlining the principles of Ujamaa in Tanzania, but in

1968 East African Currency Board breaks down and three separate central

Banks are established, destroying hopes for a monetary union. In 1971 Iddi Amin

comes to power in Uganda; Nyerere refuses to sit at the same table with Amin.

The cooperation comes to a factual stand still at this point. In 1977 breakdown

of the first community, mediation and revival, the dissolution of the first East

African Community causes for the collapse were seen as lack of strong political

will; lack of strong participation from the private sector and the civil society in

the cooperation activities, the confirmed disproportionate sharing of benefits of

community among the Partner States due to their differences in their levels of

development and lack of adequate policies to address this situation which

cause the preamble of treaty for the establishments of the East African

community. President Julius K. Nyerere said that, “we made a mistake; we did

not involve the public at all,” the civil society and the business people should

push the bureaucrats. Now that collapse had, of course very serious

consequences, the borders were closed no inter-country railways, no trade, no

5Moritz B, and Stefan Reith. Kas International Reports of the East African Community, (2011) Pg

92. Who studying Politics, Economics and Law at Ludwing Maximilian University in Munich

5

airways, no post and telecommunication services, and no joint navigation. We

even had a war in 1978-1979 between Tanzania and Uganda.6

In 1979 Uganda-Tanzania war in support of Obote and to overthrow Iddi Amin. In

1984 East African Community mediation agreement for division of assets and

liabilities of the first East African Community which signed under the World Bank

mediator Victor H. Umbricht in an interview with World Bank archives in 1987. In

1986-formation of a tri-partite working group to develop modalities of renewed

co-operation. In 1991/92 ministers of foreign affairs to devise a pragmatic

program to reactivate co-operation, partite committee of experts to identify

spheres of common economic interest.7

In 1993 the first meeting of heads of state of Tanzania, Kenya and Uganda to

discuss renewed East Africa co-operation. Also in 1993/94 Permanent Tripartite

Commission for East African Cooperation established, coordinating institution

that in 1998 produced a draft treaty for the later East African Community. The

cooperation on security matters was also initiated during this period. In

November 1999 the Treaty for the Establishment of the East African Community

was signed by the heads of the states, President of Uganda Yoweri Kaguta

Museveni, President of Kenya Daniel Toroitich Arap Moi and President of

Tanzania Benjamin William Mkapa. It entered into force on 7 July 2000. In 2001

inauguration of East African legal Assembly and East African court of justice.

Also two new members, Rwanda and Burundi joined the community in 2007.8

By now, management of cooperation has been improved, greater attention

has been paid to fair distribution of the benefits and the East African Community

now allows civil society and market forces to play a more prominent part.9

6 Moritz B, and Stefan Reith. Kas International Reports of the East African Community, (2011) Pg

92. Who studying Politics, Economics and Law at Ludwing Maximilian University in Munich

Pg 93 7 Moritz B, and Stefan Reith. Kas International Reports of the East African Community, (2011), ibid. 8 Africa Business Pages. (2003) The East African Community: East African countries of Kenya,

Uganda, and Tanzania establish the East African Community (EAC) to boost regional

trade. Retrieved May 25, 2015 from http: www.africa-business.com/features/eac.html. 9Moritz B, and Stefan Reith. Kas International Reports of the East African Community, (2011) Pg

92. Who studying Politics, Economics and Law at Ludwing Maximilian University in Munich

6

1.2 AIMS AND OBJECTIVES OF THE COMMUNITY

The Community aims at widening and deepening co-operation among the

Partner States in, among others, political, economic and social fields for their

mutual benefit. To this extent the Community countries established a Customs

Union in January 2005 and established a Common Market in July 2010,

subsequently a Monetary Union by2012 and ultimately a Political Federation of

the East African States.

The objectives of the Community have been referred to Article 5 of the Treaty

that:

i. the attainment of sustainable growth and development of the Partner States

by the promotion of a more balanced and harmonious development of the

Partner States;

ii. the strengthening and consolidation of co-operation in agreed fields that

would lead to equitable economic development within the Partner States and

which would in turn, raise the standard of living and improve the quality of life of

their populations;

iii. the promotion of sustainable utilization of the natural resources of the Partner

States and the taking of measures that would effectively protect the natural

environment of the Partner States;

iv. the strengthening and consolidation of the long standing political, economic,

social, cultural and traditional ties and associations between the peoples of the

Partner States so as to promote a people centered mutual development of

these ties and associations;

v. the mainstreaming of gender in all its endeavors and the enhancement of the

role of women in cultural, social, political, economic and technological

development;

vi. the promotion of peace, security, and stability within, and good

neighborliness among, the Partner States;

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vii. the enhancement and strengthening of partnerships with the private sector

and civil society in order to achieve sustainable socio-economic and political

development; and

viii. The undertaking of such other activities calculated to further the objectives of

the Community, as the Partner States may from time to time decide to

undertake in common.

1.3 Fundamental Principles of the Community

The Community has its principles to be followed in order to ensure that the

Community exists.

The fundamental principles that shall govern the achievement of the objectives

of the Community by the Partner States shall include:

i. mutual trust, political will and sovereign equality;

ii. peaceful co-existence and good neighbourliness;

iii. peaceful settlement of disputes;

iv. good governance including adherence to the principles of democracy, the

rule of law, accountability, transparency, social justice, equal opportunities,

gender equality, as well as the recognition, promotion and protection of

human and people’s rights in accordance with the provisions of the African

Charter on Human and Peoples’ Rights;

v. equitable distribution of benefits; and

vi. Co-operation for mutual benefit.

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1.4 THE LEGAL STATUS AND INSTITUTIONS OF THE COMMUNITY

1.4.1 LEGAL STATUS

The legal status of the Community is that, the Community shall have the

capacity, within each of the Partner States, of a body corporate with perpetual

succession, and shall have power to acquire, hold, manage and dispose of land

and other property, and to sue and be sued in its own name. The Community

shall, as a body corporate, be represented by the Secretary General. It shall

have the power to perform any functions conferred upon it by the Treaty and

do all things including borrowing that are necessary or desirable for the

performance of those functions provided under Article 4 of the Treaty .10

1.4.2. LEGAL INSTITUTIONS

1.4.2.1 THE SUMMIT

The Summit meets at least once in every year and may hold extra ordinary

meetings at the request of any member of the Summit. The tenure of office of

the Chairperson of the Summit is one year and the office of the Chairperson is

held in rotation among the Partner States provided under Article 10(1) and (2) of

the Treaty.11

1.4.2.2 THE COUNCIL

The current Tanzania Minister of the Community is Harrison Mwakyembe. The

Council consists of the Ministers responsible for regional co-operation of each

Partner State and such other Ministers of the Partner States as each Partner State

may determine. The Council meets twice in each year, one meeting of which is

held immediately preceding a meeting of the Summit. Extra ordinary meetings

of the Council may be held at the request of a Partner State or the Chairperson

of the Council provided under Article 13 of the Treaty.12

1.4.2.3 EAST AFRICA LEGISLATIVE ASSEMBLY

The current Tanzania Parliamentarians in East Africa Assembly are, Hon. Bhanji

Shy-Rose Sadrudin, Hon Kimbisa Adam Omar, Hon Kisigha Angela Charles, Hon

10 The East African Community Treaty CAP 2 11 The East African Community Treaty CAP 4 12 The East African Community CAP 5

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Murunya Bernard Musomi, Hon Mwinyi Abdullah All Hassan, Hon Dr. Nderakindo

Perpetua Kessy, Hon Nyerere Charles Makongoro, Hon Taslima Twaha Issa and

Hon Yahya Maryam Ussi.

This is an organ of the East African Community (Community). The Assembly has a

Membership comprising nine members elected by each Partner State; ex-officio

members consisting of the Minister or Assistant Minister responsible for the East

African Community Affairs from each Partner State; the Secretary General and

the Counsel to the Community. Currently, the Assembly has 45 elected

Members; and 7 ex-officio Members totaling to a Membership of 52. Twenty of

whom are female which established under Article 48 of the Treaty.13 The East

Africa legislative assembly is current headed by Hon Daniel Fred Kidega since

2014.14

1.4.2.4 SECRETARIAT

The Secretariat, which is an executive organ of the Community, is headed by

Secretary General.15 The Secretary General is appointed by the Summit up on

nomination by the relevant Head of State under the principle of rotation, for a

tenure of five years which established under Article 66 of the Treaty.16

1.4.2.5 PRESIDENCY

Community is headed by rotating Presidency from member countries. Tanzania

is the presidency of the Community now, under the president Jakaya Mrisho

Kikwete

13 The East African Community Treaty CAP 9 14 Baruti Katembo Pan Africanism and Development: The East African Community Model, The

Journal of Pan African Studies, vol.2, no.4, June 2008 15 Dr. Richard Sezibera (Rwanda) 16The East African Community Treaty CAP 10

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1.4.2.6 SECRETARY GENERAL

The current secretary of the community is Dr. Richard Sezibera (of Rwanda)

whose tenure will be over in May, 2017. The Secretary General shall be

appointed by the Summit upon nomination by the relevant Head of State under

the principle of rotation.

Upon the appointment of the Secretary General the Partner State from which he

or she is appointed shall forfeit the post of Deputy Secretary General.

The Secretary General shall be the principal executive officer of the Community

and shall:

i. be the head of the Secretariat;

ii. be the Accounting Officer of the Community;

iii. be the Secretary of the Summit; and

iv. Carry out such other duties as are conferred upon him by this Treaty or by the

Council from time to time.

The Secretary General shall serve a fixed five year term. The terms and

conditions of service of the Secretary General shall be determined by the

Council and approved by the Summit.17

1.4.2.7 DEPUTY SECRETARIES GENERAL

The Council shall determine the number of Deputy Secretaries General. The

Deputy Secretaries General shall be appointed by the Summit on

recommendations of the Council and on a rotational basis. The Deputy

Secretaries General shall:

i. deputise for the Secretary General; and

ii. Perform such other duties as may be prescribed by the Council.

The Deputy Secretaries General shall each serve a three year term, renewable

once. The terms and conditions of service of the Deputy Secretaries General

shall be determined by the Council and approved by the Summit.18

17 The East African Community Treaty CAP 10 18 Article 68 of the Treaty

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1.4.2.8 COUNSEL TO THE COMMUNITY

There shall be a Counsel to the Community who shall be the principal legal

adviser to the Community. The Counsel to the Community shall perform such

duties as are conferred upon him or her by this Treaty and by the Council. The

Counsel to the Community shall be appointed on contract and in accordance

with the staff rules and regulations and terms and conditions of service of the

Community. The other terms and conditions of service of the Counsel to the

Community shall be determined by the Council.19

1.4.2.9 THE EAST AFRICAN COURT OF JUSTICE (EACJ)

One among the Prominent Judges who were appointed in East African Court of

Justice is the Retired Chief Justice of Tanzania (Mainland and Zanzibar) and the

current President of African Court of People’s and Human Rights Judge

Augustino Ramadhani.

The current Tanzanian judges who are within the Community are Fakihi Abdallah

Jundu and Justice Edward Rutakangwa. The judicial organ of the East African

Community tasked with the responsibility of ensuring the proper interpretation,

application and compliance with the East African Community Treaty (EACT)

which provided under Article 9(1) (e)20 as one of the organs of the community.

This court is currently operates on basis on inaugurated in 200221 and admitted

its first case in 2005, in the case of Calist Andrew Mwatela and 2 others vs East

African Community.22

The East African Court Justice is vested with initial jurisdiction over the

interpretation and application of the East African Community Treaty and other

original appellate, human right or other jurisdiction as may be vested at a

19 The East African Community Treaty CAP 10, Article 69 20The East African Community Treaty CAP 3 21 Isabelle Waffubwa, Widening and Deepening East African Community Integration. The East

African Community Secretariat. Pg 8 22 Application No 1 of 2002 EACJ (Unreported)

12

subsequent date upon a determination by the council of ministers. Also the

jurisdiction provided under Article 27(1) and (2).23

In 2005 the secretariat of the East African Community developed a draft of

protocol for the expansion of the East African Court Justice the jurisdiction to

address Inter alia human right issue. Under Article 3 of the Treaty provide that

Kenya, Uganda and Tanzania shall be the partner states of the East African

Community and any other country granted membership to the community

together negotiate with any foreign country of such terms and in such manner

as the Partner States may determine. Exercise or assertion of jurisdiction rests on

the quest for the legitimacy which is established through the state consent.24

The East African Court Justice found that the principle of the rule of law, a

fundamental principle of the community had been breached. In a subsequent

ruling of the court in the case of Modern Holdings (EA) Limited vs Kenya Ports

Authority25 it can be argued that exercising its mandate to interpret the East

African Court Justice and the adherence of the Partner States to the principle of

the human rights set out in the treaty, the court may fall back to its inherent

powers to settle the matter before it in a final and conclusive way.

Also in the case of Christopher Mtikila vs The Attorney General of the United

Republic of Tanzania and another 26 Mtikila being the applicant, appeared

before the East African Court Justice under the Article 30 of the Treaty for the

Establishment of the East African Community and sought the enforcement and

the compliance of Article 48(1) (a) and 50(1) of the Treaty by the two

Respondents. The applicants case was, Article 50(1) of Treaty provides Partner

States elects 9 members to the East African Legislative Assembly, one of the

organ of the East African Community established under Article 9 of the Treaty

which comprises to Article 48(1) of the Treaty which provides 27 elected

members and 5 ex officio members. The applicant went further to point out that

23 East African Community Treaty CAP 8 24 Isabelle Waffubwa, Widening and Deepening East African Community Integration. The East

African Community Secretariat. Pg 44 25 Reference no. 1 of 2008 EACJ 26 Reference no. 2 of 2007 EACJ

13

in 2001 the National Assembly of United Republic of Tanzania elected 9 persons

to the Assembly 2 of whom were Dr. Harrison Mwakyembe and Beatrice

Shelukindo. In2005 these 2 were elected members of Parliament of National

Assembly and pursuant to Article 51(3) (c) of the Treaty, they required to and did

vacate their seats in the Assembly. In 2006 March Dr. Norman Sigalla and Hulda

Kibacha were elected to fill the 2 Tanzanian vacancies in the Assembly. In

October 2006 the term of service of the original members of the Assembly

expired and 9 other persons were elected and their names were submitted to

the clerk of the Assembly. Dr. Sigalla and Hulda Kibacha were unsuccessful

contenders in that election. The Court did not feel shy to state it clearly it had no

jurisdiction over the matter that the complainant had presented to it. The Court

held that, the declaration that 2 persons were improperly elected and that they

are not members of the East African Legislative Assembly is the domain of the

High Court of Tanzania and not this Court.

1.5 CURRENT STATUS OF THE COMMUNITY

In 2013, the Community was plans to have facilitated the creation of the East

African Federation which will be a federal super state where all member

countries will keep their own identities with national parliaments, presidents, and

flags, but share a federal parliament & cabinet, a chief justice, a supreme court,

and a super state president appointed by rotation from the member states.

Customs Union, Common Market, Monetary Union, and Political Federation;

additionally, much attention and sensitivity (from policy perspective) has been

given topical issues such as the environment, gender, good governance

(inclusive of rule of law, democracy, human rights, and social justice), and civil

society.27

As the president of the community, Tanzanian President Jakaya Kikwete said on

Saturday, 16/ 5/ 2015“we have agreed to meet to discuss how to help our

27 Baruti Katembo Pan Africanism and Development: The East African Community Model, The

Journal of Pan African Studies, vol.2, no.4, June 2008

14

brothers and sisters in Burundi to hold successful elections and ensure that their

nation is united, peaceful and secure without any unnecessary conflicts”

1.6 THE CHALLENGES AND OPPORTUNITIES TO THE LAWYERS

1.6.1 CHALLENGES TO THE LAWYERS28

Language barrier, the language is the challenge to lawyers in East African

Community because of the language which used in Kenya is differ from

Rwanda and the language which used in Tanzania is different from Burundi and

Rwanda. The language which used in Kenya, Tanzania and Uganda is English

with the common laws while the language which used in Rwanda and Burundi is

French with the Francophone civil law system.

Difference in currency, Kenya may be the largest economy in the East African

Community and provide the most intra-East African Community foreign

investment into its neighbor Tanzania, but so far Kenyan firms cannot take the

lawyers along when expanding across the border. To date Kenyan lawyers are

restricted to practice only in their country where as Kenyan laws have already

been amended open the country to lawyers from Uganda and Tanzania.

Complication in the integration of East African Community legal systems, this

arises from the fact that 2007 newcomers Rwanda and Burundi have

fundamentally different legal systems as the two were Belgian Colonies and

therefore follow the Francophone Civil Law system, while the three founding

members Kenya, Uganda and Tanzania where all British Colonies After 1945 and

follow the Common Law system.

Law and its practice reflect cultural characteristics and mistrust towards the

Kenyan lawyers, has been a factor in the smaller East African Community

economies reluctance to admit Kenyan law professionals to practice in their

territory. In the history helps to understand this, in 1961 the first law faculty in East

Africa had been set up in Dar es Salaam Tanzania is capital, followed by

28 For more information about the challenges please see Ratio Magazine, EAC Regional

Integration: Can't Take Your Lawyer? Available at http://www.wap.ratio-

magazine.com/inner.php?id=392-retrieved on 28th May 2015

15

Uganda at Makerere University in 1968, Kenya only established a law faculty in

1970. The collapse of the first East African Community in 1977 created divergent

paths and the effects of which are still noticeable to day, while Tanzania chose

a socialist economic system, Kenya pursued a capitalist economy but Uganda

in contrast was be set by violent internal conflicts. In Kenyan law any foreign

Advocate who has the approval of the Attorney General may practice as an

Advocate. In Uganda the laws are a bit different, Uganda has not yet made

changes to allow non Ugandan to be admitted to the Roll of Advocates. In

Tanzania reciprocal admission to the Roll of Advocates of East African

Community qualified lawyer is allowed but it not automatic.

Flood of Lawyers into Kenya, the former chairman of the law society of Kenya

(LSK) Ahmednasir Abdullahi caution that it might be challenging for Tanzanian

and Ugandan lawyers to practice in Kenya, the number of lawyers in Kenya

alone are more than the combined number of lawyers in Uganda and Tanzania.

Also the immediate former president of the East Africa Law Society (EALS) Tom

Ojienda said that Kenyan lawyers in contrast, would jump at the opportunity to

practice in the two Anglophone East African Community neighbors.

Political Conflicts, are the positional difference regarding values relevant to a

societies in the country such as in Burundi for now and Kenya, that is the

challenge to lawyers from foreign countries to cross border to enter either in

Burundi or Kenya for practice due to fearing that conflicts.

Terrorism attack, this also is a challenge to lawyers to cross border for the

purpose of practice their work for fearing to lost their life, example in Kenya has

been the scene of various attacks attributed to terrorist elements. In 1980 the

jewish-owned Norfolk hotel was attacked by the PLO, in 1998 the US embassy in

Nairobi was bombed, as was the Israeli-owned Paradise hotel four years later.

In2013 the militant group Al-shabaab killed over 80 people at Nairobi Westgate

shopping mall and Garissa University College attack in April 2015.

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1.6.2 OPPORTUNITIES TO LAWYERS

Once Hillary Gumisiriza, the moderator, told The New Times, that the aim of

having the Community;

“It is to let the advocates have confidence in the

East African Community and the East African

Court Of Justice so that they can get to the level

of understanding problems they face in their

chambers, –and know beyond the national

jurisdictions, at what point they can go to the

EACJ.”29

Acted as source of Employment Opportunity, the East African Community

creates the employment opportunities when cross the border to another

country neighboring for practice examples there are many firms which crossing

their border to enter in another country such as, Rengo and Associates from

Tanzania, MMAKS from Uganda, Ntaganira and Associates from Rwanda, A and

JN Mabushi from Burundi.30

Widening of area of practice, most of lawyers can be able to practice outside of

their country to another country example the lawyer from Tanzania can able to

practice in Kenya or Uganda or Rwanda or Burundi in the Partner States of East

African Community.31

Improving in many foreign Languages, the East African Community can

encourage the lawyers to learn many languages which enable someone to

practice outside of their country example in Tanzania, Kenya and Uganda using

the English Language while Rwanda and Burundi using the French Language.32

29 JAMES KARUHANGA, Lawyers study EAC protocol, available at

http://www.newtimes.co.rw/section/article/2011-05-28/31585/-retrieved on 28th May 2015 30 http://www.busiweek.com/index2.php?acn=dspAchv&aI=1570&scI=&cI=21-retrieved on 25th

May 2015 31 See the objective of the East Africa Law Society (EALS) as provided at

http://www.ealawsociety.org/index.php/component/simplecalendar/2-eals-calender/10-east-

africa-law-society-cle-training-for-young-lawyers-retrieved on 28th May 2015 32 See the objective of the East Africa Law Society (EALS) as provided at

http://www.ealawsociety.org/index.php/component/simplecalendar/2-eals-calender/10-east-

africa-law-society-cle-training-for-young-lawyers-retrieved on 28th May 2015

17

Strengthening of lawyers ability to practice, the integration of different

Advocates from different countries among of Partner States of East African

Community may push the lawyers to be up dated to the current laws and

current issues which concerning the practice in the Court. Failure of that can

cause to lose their case and reducing the trust from their client.33

Improving the living standard of lawyers, the East African Community giving the

chance to the lawyers to increasing their income through the practice in

different countries which help them to afford their life.34

1.7 Conclusion

The Community presents major opportunities not just in trade activities

surrounded by signatory member states, but on the worldwide market. This is

because integration creates more security and recognition of the trade

activities conducted by the member states of the Community.

As per a research conducted by World Bank (2010), if the scale economies of

the East African Common Market are fully realized, the exports of goods and

services would grow from US$12 to US$20 billion over the next decade,

contributing to a doubling of formal employment and GNI per capital. While

intra-regional trade has significant growth potential, clearly the majority of this

export growth will need to come from global markets. As suggested above,

regional integration is complementary with the aims of promoting

competitiveness and growth in global markets.

On the aspect of political challenges that hinders lawyers from the Community

to practice, it is upon the member states of the Community to ensure the

presence of good political atmosphere so as to open the doors to the other

33 See the objective of the East Africa Law Society (EALS) as provided at

http://www.ealawsociety.org/index.php/component/simplecalendar/2-eals-calender/10-east-

africa-law-society-cle-training-for-young-lawyers-retrieved on 28th May 2015

34 "Kenya fetes EAC Common Market with work permit fee waiver". Business Daily. 1 July 2010.

Retrieved 28th May 2015. This could act as one among the example through which lawyers could

be permitted to practice in other East African Countries freely.

18

persons from other member states, who are willing to practice law in peaceful

manner.

In terms of clouded of lawyers in one member state as discussed above on the

challenges, the Community has to find a way or a system in which no matter

how many the indigenous lawyers of particular member states are within such

state for instance, as discussed above that in Kenya indigenous lawyers are

many than the combined number of lawyers in Uganda and Tanzania. There

must be a fixed number of foreign lawyers between the member states so that

each member state could enjoy the same number of lawyers in a foreign

member state. For example, there must be not more than 500 foreign lawyers of

each state in each member states. By this it means that Tanzania could have

500 Ugandan lawyer, 500 Kenyan lawyer, 500 Burundian lawyers and 500

Rwandan lawyers who have been given a chance to practice. The same could

be used in other member states depending on the similarities of the Legal

System used by those member states. The number could be seen huge, but it

could be changed as the Community adhering to.

On the issue of restriction of law practicing by the foreigners in member states

countries, the law has to be changed so as to create a smooth way for the

foreigner lawyers from other member states to practice easily in other member

states.

For instance The EAC Cross Border Legal Practice Bill, which aims to open doors

for practicing the legal profession across the borders in the bloc. Therefore if this

Bill is passed, it will allow lawyers to enjoy various opportunities which are found

within the Community.35

35 Even though there are some resistance on the adoption of the Bill as remarked Byenka Tito,

the chief executive officer of the East African Law Society (EALS) .“The passage and adoption of

the Bill is likely to encounter resistance at the point of signature by the EAC Summit,”. He told The

Citizen when reached for comment that even if it sails through the regional House, the Bill may

not be ratified by the member countries in the bloc, leave alone being implemented.

http://www.thecitizen.co.tz/News/national/Free-movement-of-lawyers--unlikely-/-

/1840392/2660022/-/10wks1az/-/index.html-retrieved at 28th May 2015

19

Although the Bill is premised on Article 26 of the EAC Treaty which requires

standardisation of the judgements within the region, it seeks to operationalise

some clauses of the Common Market Protocol on free movement of workers.36

36 http://www.thecitizen.co.tz/News/national/Free-movement-of-lawyers--unlikely-/-

/1840392/2660022/-/10wks1az/-/index.html-retrieved at 28th May 2015

20

BIBLIOGRAPHY

Statutes

The East African Community Treaty of 1999

Articles and Journals

Baruti Katembo Pan Africanism and Development: The East African Community

Model, The Journal of Pan African Studies, vol.2, no.4, June 2008

Isabelle Waffubwa, Widening and Deepening East African Community

Integration. The East African Community Secretariat.

Moritz B, and Stefan Reith. Kas International Reports of the East African

Community, (2011)

Mwalimu Julius Kambarage Nyerere (from his Stability and Change in

Africa speech given to the University of Toronto, Canada, 2 October 1969)

Case laws

Calist Andrew Mwatela and 2 others vs East African Community Application No

1 of 2002 EACJ (Unreported)

Christopher Mtikila vs The Attorney General of the United Republic of Tanzania

and another Reference no. 2 of 2007 EACJ

Modern Holdings (EA) Limited vs Kenya Ports Authority Reference no. 1 of 2008

EACJ