Mwatela and Others v East African Community (Application 1 of 2005)
Mwatela and Others v East African Community (Application 1 of 2005) [2006] EACJ 1 (1 October 2006)
The Court held that the meeting of the Sectoral Council on Legal and Judicial Affairs held between 13th and 16th September 2005 was not lawfully constituted under the Treaty, as its membership did not comply with the requirement that only Ministers may represent Partner States in the Council and its Sectoral Councils. The attendance of non-Ministers as representatives rendered the meeting and its decisions invalid. Consequently, the purported withdrawal of Bills from the East African Legislative Assembly was not effected in accordance with the Assembly's Rules, which require a motion and leav…
Source excerpt
- Treaty Interpretation
- Regional Integration Organs
- Legislative Process
- Separation Of Powers
- Ministerial Representation