EALS to work hand in hand with the EACJ

The East African Law Society (EALS), the regional bar association which boasts of over 7000 individual lawyer-members from 6 national Bar Associations has pledged to lend legal expertise to the East African Court of Justice (EACJ). This is in a bid to render the regional court more vibrant and active. Speaking to The New Times from Arusha, where the regional bar body is based, the EALS Communications officer, Bobi Odiko confirmed the development. It follows an application by the East African Community Council of Ministers in December 2008 requesting to have the two independent bodies work together to execute judicial duties of the EAC. The EALS on February 5, 2009 successfully filed an application to the EACJ to participate as Amicus Curiae (Friend of the Court) to provide advisory opinion to EACJ on cases in the regional court. The request was expected to materialise yesterday. We could however not get the outcome by press time. EALS is requesting to be allowed to participate as an intervener, as provided for legal advice under Article 40 of the Treaty establishing the EAC and Rule 36 of the EACJ Rules of Procedure. The application for Amicus Curiae by EALS will assist the Court in reaching a fair and just decision by providing an independent and non-partisan opinion of current EAC law and practise. The application for an advisory opinion comes against the backdrop of slowed negotiations by Partner States over the draft Protocol of the EAC Common Market and several other processes being negotiated in the EAC Integration process where the EALS will be providing necessary legal advice. So far, the EAC has held seven rounds of negotiations with the last one having recently taken place in Kisumu, Kenya. Tanzania remains on the spot with other Partner States calling for the need by all participants to “concert their efforts and move together” in the discussions. During the recently concluded EAC Strategic retreat in Kigali aimed at revitalising the organs and institutions of the EAC to make them work more effectively, one of the major setbacks cited was lack of coordination between EAC bodies and other independent bodies. It was revealed that the EAC Court needed to enhance cooperation with National Bar associations and judicial systems in order to popularize the EAC Laws in the region. According to Odiko, the EALS has been having a ‘cordial’ relationship with the EACJ but realised the need to strengthen cooperation in what can be seen as a ‘true East African spirit’. The association is comprised of the Burundi Bar Association, Law Society of Kenya, Tanganyika Law Society, Uganda Law Society and Zanzibar Law Society. Ends