East African Law Society v Secretary General of The East African Community
East African Law Society v Secretary General of The East African Community (Reference 7 of 2014) [2016] EACJ 113 (22 March 2016) (First Instance Division)
The Court found that the cause of action was the Respondent's failure to perform his Treaty obligations, specifically the failure to submit the report of the fact-finding mission to the Council of Ministers, rather than the expulsion itself. The Reference was filed within the two-month period after the Applicant became aware of the Respondent's inaction, as evidenced by the Respondent's letter dated 19th March 2014. The Court held that the Respondent did not exercise the required due diligence and vigilance in fulfilling his obligations under Article 71(1)(d) & (1) of the Treaty. Initiating m…
Source excerpt
- Treaty Obligations
- Failure To Act
- Regional Integration
- Public Interest Litigation