Botched-Up Elections, Treaty Amendments and Judicial Independence in the East African Community

This article examines developments in the East African Community from October 2006 to April 2007, against the background of the challenge to the “elections” of members of the East African Legislative Assembly. The article also examines the saga over the Kenyan regional court judges, emanating from the decision to grant an injunction restraining the nine Kenyan nominees to the Assembly from taking office and to dismiss a recusal application brought against the court’s Kenyan judges. The article explores the hurried amendments to the Community treaty in a largely political response to the regional court’s decisions and the implications for the future of the court and the Community. The haste involved in amending the treaty itself raises concerns over the growing tendency to flout processes and procedures at the national and community levels for the sake of political expedience on the part of the partner states.