The East African Court of Justice marked its 25th anniversary on Thursday, November 12, at the East African Community Headquarters in Arusha, Tanzania. According to AllAfrica, officials and legal experts gathered to discuss the institution's future, identifying chronic underfunding and poor enforcement of rulings as its most significant obstacles. The event served as a platform for high-level dialogue on transforming the court from its current temporary status into a fully autonomous regional judicial body.
EACJ President Nestor Kayobera emphasized that the court's authority depends on the implementation of its judgments, not just their quality. He stated that compliance is essential for maintaining public confidence and the integrity of the community's legal order. Kayobera noted that while Article 38 of the Treaty provides a framework for addressing these issues, strengthening implementation requires sustained cooperation among partner states. He also highlighted the need for a permanent seat, noting the court has operated in Arusha as a temporary location for 25 years.
Rwanda's Minister of Justice and Attorney General, Emmanuel Ugirashebuja, pointed to the rising caseload as evidence of the institution's growing importance. He reported that the number of cases had increased to 1,000, a significant feat since the first case arrived four years after the court's establishment in 2001. Ugirashebuja advocated for a sustainable funding model, suggesting the court adopt a mechanism similar to that of the Caribbean Court of Justice, where member states provide an initial investment whose proceeds fund ongoing activities.
Ugirashebuja specifically recommended extending the two-month limitation period for filing actions regarding treaty breaches to six months, arguing the current window is insufficient. He also stressed the need for a reporting mechanism to track compliance, noting that states are often unaware of judgments against them. He suggested that annual reports on enforcement status could capture whether states have complied with decisions, ensuring that legal obligations are met.
Uganda's First Deputy Prime Minister and Minister of EAC Affairs, Rebecca Kadaga, supported the creation of National Competent Authorities to enforce court decisions, a model used in ECOWAS. "I am actually attracted by the concept of National Competent Authorities," Kadaga said, according to AllAfrica. She argued that the Council of Ministers must own the court's work and ensure judgments are tracked. EAC Secretary General Stephen Mbundi pledged to expand the court's jurisdiction to cover trade and investment matters, while also promoting arbitration services to resolve business disputes efficiently.