Judges of the Arusha-based East African Court of Justice (EACJ) are now in better position to discern the bumpy aspects of the East African Common Market Protocol after exposure on how the European Court of Justice works, Justice Harold Nsekela has said.

Session of the East African Court of Justice. EAC photo

Justice Nsekela, president of the court, made this comment at training for judges held in Zanzibar that exposed them to how the European Court of Justice works within the broader European integration process, a course East Africa too is pursuing. “We are now in better position to appreciate the delicate aspects of the Common Market after the three-day training.

We have learned about the bad and good experiences from the European Union, which no doubt carry a lot of synergies with our own implementation of the Common Market treaty,” said Nsekela. The course was facilitated by Justice Ms Kristine Kruma from the ten EACJ judges from its First Instance Division and the Appellate Division.

“The continued deepening and widening of EA integration will invariably lead to more economic, financial, commercial, social, labour and political transactions with probable disputes. Most of these will require the involvement of the Court,” Justice Nsekela said.

The protocol contains provisions that remove restrictions on the free movement of labour and people, right of establishment and residence in any partner state, and free movement of goods and services all aimed at increasing trade and enhancing economic growth and development for the mutual benefit of all East Africans.

In his opening remarks, the official guest, the Zanzibar Chief Justice, Omar Othman Makungu, said the volume of work before the Court is mounting, and therefore it must be prepared to face challenges. “Disputes arising from the implementation of the common market Protocol is likely to be heard by the court.

It is clear that the more the people interact, the more disputes amongst them are likely to arise. So the regional judiciary has to prepare to handle disputes,” Justice Makungu said. Continuous legal education and training is the surest way to improve judicial performance in the region, he emphasised.

By HAMOUD SAID, East African News Agency

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