Parallel jurisdiction of courts: the view from the EACJ

Abstract

This article discusses the challenges emanating from parallel jurisdictions affecting the East African Court of Justice (EACJ). In the process of the regional integration, a number of factors may limit the action of the EACJ. Internally, the parent organization to the EACJ continues to establish other dispute resolution mechanisms which erode the jurisdiction of the Court. Externally, there is the African Union which is a continental organization whose membership includes the EAC Partner States and which has got a court and other quasi‐judicial bodies with overlapping jurisdiction. There are also other regional groupings which share Member States with the EAC which have got regional courts with concurrent jurisdiction. The parallel jurisdictions within the EAC or external to the EAC have the characteristics of undermining the unity of the Community law. As regards the concurrent jurisdiction of external judicial or quasi‐judicial bodies, there is need for establishment of some working relationship between the regional and the continental dispute resolution mechanisms.