The advisory jurisdiction of the East African Court of Justice and the role of advisory opinions in the development of the East African Community law

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 Courthas only been requested to and delivered two advisory opinions. The first onedealt with the application of the principle of Variable Geometry.

The second advisory opinion adressed the extent to which partner states maybe 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 therole of advisory opinions in the development of the EAC law and the EAC integration process. This article discusses the advisory jurisdiction of theCourt, the question of locus standi with regard to the advisory jurisdiction of this Court, and examines the preliminary conditions for a legitimate and validrequest 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 singularsignificance of the advisory opinion lies in the overarching role that the Treatyhas carved out for the EACJ in the overall spectrum of the integration processof the Community.