Lawyers and legal experts in the region are calling for better ways to ensure that the decisions taken by the East African Court of Justice (EACJ) are implemented. The EACJ is tasked with interpreting, applying, and enforcing the EAC Treaty. It handles disputes related to the treaty, including those between member states and the EAC, as well as human rights violations like arbitrary arrests and mistreatment, environmental protection issues, and property rights. ALSO READ: EAC court suspends June operations amid funding woes Though the court hears a number of cases every year and makes decisions accordingly, implementation of its judgments remains challenging, since compliance depends on the political will of the member states. In addition, the court also lacks enforcement mechanisms to compel compliance with its rulings, which can also lead to non-compliance. In a discussion held this month in Kigali between lawyers belonging to the East African Bar Association (EALS) and the EACJ officials including judges from the court’s two chambers, the point was raised, and some recommendations were made, for example, the need to incorporate a chapter on procedures and processes for monitoring implementation of decisions. The officials also suggest carrying out a fresh study on the status of implementation of the court’s decisions. Justice Nestor Kayobera, the court’s president, in a speech, pointed at the need for reforms to encourage the implementation of decisions taken by the EACJ. “The involvement of legal practitioners in advocating for necessary reforms and changes is important in ensuring that the decisions of the EACJ are implemented and respected by all partner states,” he noted. ALSO READ: East African court to hear about 20 cases in Kigali this month “The collective wisdom and experiences of both judges and lawyers are essential in identifying innovative solutions to the challenges facing the East African Court of Justice. Together, we can ensure that the court is in a better position to fulfil its mandate of promoting regional integration and upholding the rule of law,” he added. Abubaker Ramadhan Mukira, President of the East Africa Law Society (ELS), noted that the EACJ can be a beacon of hope for citizens seeking redress beyond their borders, but called for collective efforts to address issues in the region’s justice sector. “How do we strengthen the implementation of the court's decisions to ensure they are not mere echoes in the wind? How do we uphold ethics and professionalism to silence allegations of bias or unfairness? And how do we secure sustainable funding and judicial independence to fortify this vital institution? These are not questions for tomorrow. They demand answers today,” he noted. For Moise Nkundabarashi, President of Rwanda Bar Association, there is a need for awareness and engagement in order to ensure that lawyers in the region make more use of the EACJ, as he pointed out that “most of the lawyers in various jurisdictions do not use the court as they should.” ALSO READ: Two Rwandans named judges to East African Court of Justice “ELS and EACJ have done a lot to promote regional integration, not only in capacity building, but we have also worked together to develop jurisprudence and so on,” he noted. “However, there is still a lot to be done. An example that is very simple is that the ELS this year turned 30 years old, but we, the same lawyers, have failed to have a proper legal framework that has to do with cross-border legal framework,” he added. The lawyers and officials’ meeting also called for the EACJ to revise its rules of procedure to expand virtual hearings and single-judge proceedings to expedite case resolution as well as engage EAC partner states and citizens to amend the EAC treaty to ensure representation of each partner state in each division of the court, extend the time limitation for filing references, in order to allow applicants sufficient time to explore Alternative Dispute Resolution (ADR) before initiating litigation.
