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Kenya questions jurisdiction of Arusha-based East African Court of Justice

By  The East African

newspaper publisher

Kenya's Attorney General Justin Muturi on Tuesday pleaded with the Supreme Court to hear his application seeking the top court’s opinion on the legal consequences and effects of decisions of the East African Court of Justice (EACJ) on the country's sovereignty.

Mr Muturi said whereas there is no express provision in the East African Community (EAC) Treaty conferring upon the EACJ the jurisdiction to interpret the constitutions of partner states, the regional court has in several decisions, interpreted its jurisdiction to include the review of decisions issued by apex courts of member countries.

According to Mr Muturi, the decisions of the EACJ end up conflicting with judgments issued by the Supreme Court.

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The AG through lawyer Mahat Somane cited a decision of the regional court awarding politician Martha Karua Ksh2.7 million ($16,000 at current exchange rate) in damages for infringement of her right to a fair trial in 2019.

Ms Karua filed the case in the regional court after the Supreme Court dismissed her 2017 petition, challenging the election of Kirinyaga governor Anne Waiguru.

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