East Africa lawyers sue Council of Ministers

Saturday January 25 2020

Delagates follow proceedings during the 23rd East Africa Law Society Annual Conference in Mombasa, on November 28, 2018. PHOTO | KEVIN ODIT | NMG


The East Africa Law Society (EALS) has filed a lawsuit against the East African Community (EAC) Council of Ministers and the secretary general for allegedly violating the Treaty establishing the bloc.

EALS says it wants to bring to the attention of the EAC citizenry the issue of the importance of respecting laws of the Community for the realisation of regional integration and its benefits.

In a petition filed at the East African Court of Justice on Thursday, the EALS accuses the Council of holding meetings, passing resolutions and making decisions without involving the attorneys general contrary to Article 13.

The EAC Council of Ministers was established under Articles 9 and 13 of the Treaty as a policy organ and an institution of the community.

It comprises one minister from each partner state responsible for EAC matters, one other minister as designated by a partner state, and the attorneys general of each partner state.

“The Council of Ministers, being the main policy organ of the EAC, should and must be at the forefront in upholding the laws of EAC and implementing them without exception,” EALS chief executive Hanningtone Amol, said.


“Consequently, we’re seeking orders that all decisions that the Council of Ministers has made in violation of the Treaty, especially those relating to its 39th Meeting held in November 2019, be nullified,” EALS said.
Established in 1995, EALS is an umbrella regional association of the respective national law societies in East Africa.