Political federation in East Africa: Progress, challenges and prospects for constitutional development

Abstract

Whereas Article 5 of the Treaty establishing the East African Community
clearly provides for the establishment of a political federation, there is no
elaboration on this issue. There are thus no answers to several key questions
related to the establishment, operation and growth of an East African Political
Federation. Nonetheless, if the political federation is to be successful, it
requires the participation and genuine ownership by the people through their
institutions of choice. The ultimate decision of when and how to federate has
to be put to East Africans in a referendum to endorse or reject a widely
negotiated Federal Constitution. Wide consultation are essential because a
review of the three East African partner states in 2005 and part of 2006
highlights constitutional developments some of, which have serious
implications for the advancement and launch of a political federation in 2010.
If the processes leading up to the political federation are not people-centered
the East African Community faces the potential risk of collapsing like its
predecessor. Therefore, participatory consultations that are all-inclusive have
to be set in motion immediately and all modes of reaching the wanainchi
should be expansively utilized.

East African Journal of Peace and Human rights Vol. 13 (1) 2007: pp. 126-141