The East African Court of Justice has pressed member states to implement its judgments, warning that failure to enforce court decisions undermines the rule of law and weakens confidence in the region’s legal institutions.
Justice Nestor Kayobera, president of the court, said the effectiveness of the regional judicial body depended not only on the quality of its judgments but also on whether governments respected and implemented them.
“However, the authority of a court rests not only on the quality of its judgments, but also on their implementation,” Kayobera said Nov. 12 during celebrations marking the court’s 25th anniversary at the East African Community headquarters in Arusha, Tanzania.
“Compliance is essential to upholding the rule of law, maintaining public confidence, and preserving the integrity of the Community’s legal order,” he said.
Kayobera called for stronger cooperation between partner states and EAC institutions to ensure that court decisions are implemented in a timely manner.
He cited Article 38 of the Treaty for the Establishment of the East African Community as a framework for addressing compliance with the court’s judgments.
“Strengthening implementation requires sustained cooperation among Partner States and the relevant Community institutions, supported by clear responsibilities and effective follow-up mechanisms,” he said.
The appeal highlights a challenge facing the regional court as the EAC pursues deeper political and economic integration: ensuring that legal obligations undertaken by member states translate into action.
EAC Secretary-General Stephen Patrick Mbundi said the court had registered 1,032 matters cumulatively as of August 2026, reflecting growing recognition of the institution as a forum for resolving disputes arising under the regional Treaty.
Inaugurated on Nov. 30, 2001, the court initially served three partner states — Burundi, Kenya and Tanzania. It now serves eight EAC members.
Mbundi called for increased judicial, financial and human resource capacity, including digital facilities to improve case management and enable the court to handle its growing responsibilities.
He pledged to work with Kayobera to organize consultations with partner states, development partners and other stakeholders on strengthening the court’s capacity to adjudicate matters involving trade, investment, monetary integration and obligations under the EAC Common Market.
Court seeks expanded jurisdiction over trade and investment
The court is also pushing for the operationalization of its extended jurisdiction under Article 27(2) of the EAC Treaty, which would expand its role in disputes involving areas such as trade, investment and monetary integration.
Kayobera identified the expansion as a priority for the court’s next phase of development, saying it would strengthen the legal framework supporting regional economic integration. Progress, however, will require engagement and agreement among partner states and relevant EAC institutions.
Mbundi also raised concerns about the limited use of the court’s arbitration mechanism, despite its provision under the Treaty. He said businesses and investors needed confidence that disputes arising from regional transactions could be resolved fairly and efficiently.
“I have instructed all Organs and Institutions to ensure that arbitration by the East African Court of Justice is provided as the primary mode of dispute resolution in all agreements, where amicable settlement cannot be reached,” Mbundi said.
