ABSTRACT
The East African Court of Justice (EACJ) is the judicial body responsible for ensuring that Partner States respect the obligations laid out in the EAC Treaty (Article 23, EAC Treaty).
This chapter explores the origins of the EACJ. It examines its roots as an appellate court serving certain communities in parts of Eastern Africa during colonial times, its retention as the Court of Appeal of East Africa after independence and upon the establishment of the first East African Community in 1967. It then considers the evolution of the earlier court into the EACJ of today – no longer a court of second instance ruling on appeals relating to domestic issues, but a fully fledged international institution with a significant role to play, both in furthering the integration process in the region and in bringing about change in the practices of Partner States at national level. In doing so, it reflects on some of the challenges which the Court has faced as it sought to establish its authority in the EAC. It concludes that, despite these challenges, the EACJ has built on the successes of its predecessor in harmonising EAC law and in bringing a valuable contribution to the EAC’s principles of respect of the rule of law, democracy, good governance and human rights, principles which are also deeply embedded in the European project.
