Abstract
This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East African Community (EAC) Treaty. The EACJ became operational on 30 November 2001, following its inauguration after the swearing in of its judges and the Registrar. During this initial stage of the Court's existence there were indications that the EACJ was failing to stamp its authority on the activities of the Community. The main reason for this failure is the existence of gaps in the EAC Treaty, which prevent the EACJ from effectively discharging its functions. In addition, as shown in this article, the EACJ has been delivering judgements on the grounds of doubtful authority which has gradually diminished the Court's legitimacy. Given its relevance to the EAC, this may therefore be the time to audit the EACJ's functioning and reflect on whether it is moving in the right direction. The hypothesis of this article is that the EACJ has been struggling to establish its authority in the region, mostly in the areas of human rights, the rule of law and good governance. In tracing its history so far it is easy to discern its strategic attempts at judicial law-making to arrogate to itself the role of the protector of human rights. While it is acknowledged that the EACJ is increasingly receiving cases of a divergent nature, most of these cases have had little influence on the integration project or are outside the scope of its mandate.
 
Highlights
The East African Court of Justice (EACJ) came into being on 30 November 2001, after an inauguration ceremony that signified the commencement of operations of the East African Community’s (EAC) judicial organ.1 Not much happened during the Court's infancy
This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East African Community (EAC) Treaty
By strictly applying the two-month rule, the EACJ had disregarded its own jurisprudence in the EALS v Attorney General of Kenya case,76 when it called for a purposeful interpretation approach to the EAC Treaty as opposed to a restrictive and literal approach
Summary
The East African Court of Justice (EACJ) came into being on 30 November 2001, after an inauguration ceremony that signified the commencement of operations of the East African Community’s (EAC) judicial organ. Not much happened during the Court's infancy. The admission of South Sudan into the bloc was received with mixed feelings This is because, without a doubt, the Country's economic and political condition as well as its track record in governance, human rights and the rule of law (which are key tenets for inviting a new member into the EAC) invites many questions on its admission. After the establishment of the OAU, sub-regional groupings started to emerge These include: the EAC (1967), the Economic Community of West African States (ECOWAS) (1975) and the Southern Africa Development Coordinating Conference (SADCC) (1980). Most RECs have become economically oriented institutions and are missing out on advancing their communities in important matters such as democracy, good governance and human rights This contribution revisits the EACJ's functioning and effectiveness. The fourth section of this contribution provides some concluding remarks
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