1. The Partner States shall:
(a) plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty;
;(b) co-ordinate, through the institutions of the Community, their economic and other policies to the extent necessary to achieve the objectives of the Community; and
(c) abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.
2. Each Partner State shall, within twelve months from the date of signing this Treaty, secure the enactment and the effective implementation of such legislation as is necessary to give effect to this Treaty, and in particular –
(a) to confer upon the Community the legal capacity and personality required for the performance of its functions; and
(b) to confer upon the legislation, regulations and directives of the Community and its institutions as provided for in this Treaty, the force of law within its territory.
3. Each Partner State shall –
(a) designate a Ministry with which the Secretary General may communicate in connection with any matter arising out of the implementation or the application of this Treaty, and shall notify the Secretary General of that designation;
(b) transmit to the Secretary General copies of all relevant existing and proposed legislation and its official gazettes; and
(c) where it is required under this Treaty, to supply to or exchange with another Partner State any information, send copies of such information to the Secretary General.
4. Community organs, institutions and laws shall take precedence over similar national ones on matters pertaining to the implementation of this Treaty.
5. In pursuance of the provisions of paragraph 4 of this Article, the Partner States undertake to make the necessary legal instruments to confer precedence of Community organs, institutions and laws over similar national ones.
Chapter Three. Establishment of the Organs and Institutions of the Community
Article 9. Establishment of the Organs and Institutions of the Community
1. There are hereby established as organs of the Community:
(a) the Summit;
(b) the Council;
(c) the Co-ordination Committee;
(d) Sectoral Committees;
(e) the East African Court of Justice;
(f) the East African Legislative Assembly;
(g) the Secretariat; and
(h) such other organs as may be established by the Summit.
2. The institutions of the Community shall be such bodies, departments and services as may be established by the Summit.
3. Upon the entry into force of this Treaty, the East African Development Bank established by the Treaty Amending and Re-enacting the Charter of the East African Development Bank, 1980 and the Lake Victoria Fisheries Organisation established by the Convention (Final Act) for the Establishment of the Lake Victoria Fisheries Organisation, 1994 and surviving institutions of the former East African Community shall be deemed to be institutions of the Community and shall be designated and function as such.
4. The organs and institutions of the Community shall perform the functions, and act within the limits of the powers conferred upon them by or under this Treaty.
5. In the appointment of staff and composition of the organs and institutions of the Community, gender balance shall be taken into account.
Chapter Four. The Summit
Article 10. Membership of the Summit
1. The Summit shall consist of the Heads of State or Government of the Partner States.
2. If a member of the Summit is unable to attend a meeting of the Summit and it is not convenient to postpone the meeting, that member may, after consultation with other members of the Summit, appoint a Minister of Government to attend the meeting. A Minister so appointed shall, for purposes of that meeting, have all the powers, duties and responsibilities of the member of the Summit for whom that person is acting.
Article 11. Functions of the Summit
1. The Summit shall give general directions and impetus as to the development and achievement of the objectives of the Community.
2. The Summit shall consider the annual progress reports and such other reports submitted to it by the Council as provided for by this Treaty.
3. The Summit shall review the state of peace, security and good governance within the Community and the progress achieved towards the establishment of a Political Federation of the Partner States.
4. The Summit shall have such other functions as may be conferred upon it by this Treaty.
5. Subject to this Treaty, the Summit may delegate the exercise of any of its functions, subject to any conditions which it may think fit to impose, to a member of the Summit, to the Council or to the Secretary General.
6. An Act of the Community may provide for the delegation of any powers, including legislative powers, conferred on the Summit by this Treaty or by any Act of the Community, to the Council or to the Secretary General.
7. Subject to the provisions of any Act of the Community, the acts and decisions of the Summit may be signified under the hand of the Secretary General or of any officer in the service of the Community authorised in that behalf by the Summit.
8. The Summit shall cause all rules and orders made by it under this Treaty to be published in the Gazette; and any such rules or orders shall come into force on the date of publication unless otherwise provided in the rule or order.
9. The delegation of powers and functions referred to in paragraphs 5 and 6 of this Article, shall not include:
(a) the giving of general directions and impetus;
(b) the appointment of Judges to the East African Court of Justice;
(c) the admission of new Members and granting of Observer Status to foreign countries; and
(d) assent to Bills.
Article 12. Meetings of the Summit
1. The Summit shall meet at least once in every year and may hold extraordinary meetings at the request of any member of the Summit.
2. The tenure of office of the Chairperson of the Summit is one year and the office of the Chairperson shall be held in rotation among the Partner States.
3. The decisions of the Summit shall be by consensus.
4. The Summit shall discuss business submitted to it by the Council and any other matter which may have a bearing on the Community.
5. Subject to the provisions of this Treaty, the Summit shall determine its own procedure, including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among the members of the Summit.
Chapter Five. The Council
Article 13. Membership of the Council
The Council shall consist of:
(a) the Minister responsible for East African Community affairs of each Partner State;
(b) such other Minister of the Partner States as each Partner State may determine; and
(c) the Attorney General of each Partner State.
Article 14. Functions of the Council
1. The Council shall be the policy organ of the Community.
2. The Council shall promote, monitor and keep under constant review the implementation of the programmes of the Community and ensure the proper functioning and development of the Community in accordance with this Treaty.
3. For purposes of paragraph 1 of this Article, the Council shall:
(a) make policy decisions for the efficient and harmonious functioning and development of the Community;
b) initiate and submit Bills to the Assembly;
(c) subject to this Treaty, give directions to the Partner States and to all other organs and institutions of the Community other than the Summit, Court and the Assembly;
(d) make regulations, issue directives, take decisions, make recommendations and give opinions in accordance with the provisions of this Treaty;
(e) consider the budget of the Community;
(f) consider measures that should be taken by Partner States in order to promote the attainment of the objectives of the Community;
(g) make staff rules and regulations and financial rules and regulations of the Community;
(h) submit annual progress reports to the Summit and prepare the agenda for the meetings of the Summit;
(i) establish from among its members, Sectoral Councils to deal with such matters that arise under this Treaty as the Council may delegate or assign to them and the decisions of such Sectoral Councils shall be deemed to be decisions of the Council;
(j) establish the Sectoral Committees provided for under this Treaty;
(k) implement the decisions and directives of the Summit as may be addressed to it;
(l) endeavour to resolve matters that may be referred to it; and
(m) exercise such other powers and perform such other functions as are vested in or conferred on it by this Treaty.
4. The Council may request advisory opinions from the Court in accordance with this Treaty.
5. The Council shall cause all regulations and directives made or given by it under this Treaty to be published in the Gazette; and such regulations or directives shall come into force on the date of publication unless otherwise provided therein.
Article 15. Meetings of the Council
1. The Council shall meet twice in each year, one meeting of which shall be held immediately preceding a meeting of the Summit. Extraordinary meetings of the Council may be held at the request of a Partner State or the Chairperson of the Council.
2. The Council shall determine its own procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among its members who are Ministers responsible for regional co-operation in the Partner States.
3. A member of the Council who is the leader of his or her Partner State's delegation to a meeting of the Council, may record his or her objection to a proposal submitted for the decision of the Council and, if any such objection is recorded, the Council shall not proceed with the proposal and shall, unless the objection is withdrawn refer the matter to the Summit for decision.
4. Subject to a protocol on decision-making, the decisions of the Council shall be by consensus.
5. The protocol referred to in paragraph 4 of this Article shall be concluded within a period of six months from the entry into force of this Treaty.
Article 16. Effects of Regulations, Directives, Decisions and Recommendations of the Council
Subject to the provisions of this Treaty, the regulations, directives an d decisions of the Council taken or given in pursuance of the provisions of this Treaty shall be binding on the Partner States, on all organs and institutions of the Community other than the Summit, the Court and the Assembly within their jurisdictions, and on those to whom they may under this Treaty be addressed.
Chapter Six. The Co-ordination Committee
Article 17. Composition of the Co-ordination Committee
The Co-ordination Committee shall consist of the Permanent Secretaries responsible for East African Community a ffairs in each Partner State and such other Permanent Secretaries of the Partner States as each Partner State may determine.
Article 18. Functions of the Co-ordination Committee the Co-ordination Committee:
(a) shall submit from time to time, reports and recommendations to the Council either on its own initiative or upon the request of the Council, on the implementation of this Treaty;
(b) shall implement the decisions of the Council as the Council may direct;
(c) shall receive and consider reports of the Sectoral Committees and co-ordinate their activities;
(d) may request a Sectoral Committee to investigate any particular matter; and
(e) shall have such other functions as are conferred upon it by this Treaty.
Article 19. Meetings of the Co-ordination Committee
1. Subject to any directions which may be given by the Council, the Coordination Committee shall meet at least twice in each year preceding the meetings of the Council and may hold extraordinary meetings at the request of the Chairperson of the Co-ordination Committee.
2. The Co-ordination Committee shall determine its own procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among its members who are Permanent Secretaries responsible for East African Community affairs in each Partner State.
Chapter Seven. Sectoral Committees
Article 20. Establishment and Composition of Sectoral Committees
The Co-ordination Committee shall recommend to the Council the establishment, composition and functions of such Sectoral Committees as may be necessary for the achievement of the objectives of this Treaty.
Article 21. Functions of the Sectoral Committees
Subject to any directions the Council may give, each Sectoral Committee shall:
(a) be responsible for the preparation of a comprehensive implementation programme and the setting out of priorities with respect to its sector;
(b) monitor and keep under constant review the implementation of the programmes of the Community with respect to its sector;
(c) submit from time to time, reports and recommendations to the Coordination Committee either on its own initiative or upon the request of the Co-ordination Committee concerning the implementation of the provisions of this Treaty that affect its sector; and
(d) have such other functions as may be conferred on it by or under this Treaty.
Article 22. Meetings of the Sectoral Committees
Subject to any directions that may be given by the Council, the Sectoral Committees shall meet as often as necessary for the proper discharge of their functions and shall determine their own procedure.
Chapter Eight. The East African Court of Justice
Article 23. Role of the Court
1. The Court shall be a judicial body which shall ensure the adherence to law in the interpretation and application of and compliance with this Treaty.
2. The Court shall consist of a First Instance Division and an Appellate Division.
3. The First Instance Division shall have jurisdiction to hear and determine, at first instance, subject to a right of appeal to the Appellate Division under Article 35A, any matter before the Court in accordance with this Treaty.
Article 24. Judges of the Court
1. Judges of the Court shall be appointed by the Summit from among persons recommended by the Partner States who are of proven integrity, impartiality and independence and who fulfil the conditions required in their own countries for the holding of such high judicial office, or who are jurists of recognised competence, in their respective Partner States: Provided that no more than -
(a) two Judges of the First Instance Division; or
(b) one Judge of the Appellate Division, shall be appointed on the recommendation of the same Partner State.
2. The Court shall be composed of a maximum of fifteen Judges of whom not more than ten shall be appointed to the First Instance Division and not more than five shall be appointed to the Appellate Division:
Provided that of the Judges first appointed to the Court, the terms of one third of the Judges shall expire at the end of five years, the terms of another one third of the Judges shall expire at the end of six years and the remaining one third of the Judges shall serve their full terms of seven years.
3. The Judges whose terms are to expire at the end of each of the initial periods mentioned in paragraph 2 of this Article shall be chosen by lot to be drawn by the Summit immediately after their first appointment.
4. The Summit shall designate two of the Judges of the Appellate Division as the President and Vice-President respectively, who shall be responsible for the performance of such functions as are set out in this Treaty.
5. The Summit shall designate two of the Judges of the First Instance Division as the Principal Judge and Deputy Principal Judge respectively, who shall be responsible for the performance of such functions as may be set out in this Treaty.
6. The President and Vice-President, the Principal Judge and the Deputy Principal Judge, shall not be nationals of the same Partner State.
7. The President shall:
(a) be the Head of the Court and shall be responsible for the administration and supervision of the Court;
(b) direct work of the Appellate Division, represent it, regulate the disposition of the matters brought before the Court and preside over its sessions.
8. The Principal Judge shall direct work of the First Instance Division, represent it, regulate the disposition of the matters brought before the Court and preside over its sessions.
9. The office of President of the Court shall be held in rotation after the completion of any one term.
10. The President of the Court shall direct the work of the Court, represent it, regulate the disposition of matters brought before the Court, and preside over its sessions.
Article 25. Tenure of Office of Judges
1. Subject to paragraph 2 of Article 24, a Judge appointed under paragraph 1 of Article 24 of this Treaty, shall hold office for a maximum period of seven years.
2. A Judge shall hold office for the full term of his or her appointment unless he or she resigns or attains seventy (70) years of age or dies or is removed from office in accordance with this Treaty.
3. Where the term of office of a Judge comes to an end by effluxion of time or on resignation before a decision or opinion of the Court with respect to a matter which has been argued before the Court of which he or she was a member is delivered, that Judge shall, only for the purpose of completing that particular matter, continue to sit as a Judge.
4. A Judge may, at any time, resign his or her office by giving three months' written notice to the Chairman of the Summit through the Secretary General.
5. The salary and other terms and conditions of service of a Judge not provided for in this Treaty shall be determined by the Summit on the recommendation of the Council.
Article 26. Removal from Office and Temporary Membership of the Court
1. A Judge shall not be removed from office except by the Summit–
(a) for misconduct or for inability to perform the functions of his or her office due to infirmity of mind or body; Provided that a Judge shall only be removed from office under this subparagraph if the question of his or her removal from office has been referred to an ad hoc independent tribunal appointed for this purpose by the Summit and the tribunal has recommended that the Judge be removed from office for misconduct or inability to perform the functions of his or her office;
(b) in the case of a Judge who also holds judicial office or other public office in a Partner State–
(i) is removed from that office for misconduct or due to inability to perform the functions of the office for any reason; or
(ii) resigns from that office following allegation of misconduct or of inability to perform the functions of the office for any reason;
(c) if the Judge is adjudged bankrupt under any law in force in a Partner State; or
(d) if the Judge is convicted of an offence involving dishonesty or fraud or moral turpitude under any law in force in a Partner State.
2. Where–
(a) the question of removing a Judge has been referred to a tribunal under paragraph 1(a) or
(b) a Judge is subject to investigation by a tribunal or other relevant authority of a Partner State with a view to his or her removal from an office referred to in paragraph 1(b); or
(c) a Judge is charged with an offence referred to in paragraph 1(d) under any law in force in a Partner State,
the Summit may, subject to paragraph 2B, suspend the Judge from the exercise of the functions of his or her office 2A. Where a Judge is suspended under paragraph 2, his or her respective Partner State shall recommend a person qualified in terms of Article 24 to the Summit for appointment as a temporary Judge for the duration of such suspension. 2B. The suspension of a Judge under paragraph 2 may, at any time, be revoked by the Summit and shall, in any case, cease to have effect if–
(a) the tribunal appointed under paragraph 1(a) recommends to the Summit that the Judge should not be removed from office; or
(b) a tribunal or other relevant authority of a Partner State recommends that the Judge should not be removed from an office referred to in paragraph 1(b); or