Coronavirus Counter-Measures, The Treaty for the Establishment of the East African Community and Domestic Legal Requirements

Abstract

Abstract This article examines the coronavirus counter-measures adopted by East African states from a legal perspective. The focus is whether the adopted measures infringe on the provisions of the Treaty for the Establishment of the East African Community (EAC) and domestic legislations, including the countries’ constitutional provisions. The legal recourse for East African citizens in instances where domestic remedies have failed will be examined in light of the role of the judicial organ of the East African Community, the East African Court of Justice (EACJ). An examination will be made on protection of human rights under the EAC Treaty and the jurisdiction of the EACJ in adjudicating on allegations of human rights violation. This contribution will proceed to debate on the existing relationship between international law and domestic laws; whether international law is superior to domestic law and whether international bodies can entertain a complaint by an individual or an institution on violation of human rights where redress has not been exhaustively sought through domestic legal systems.