East African Community Mediation Agreement Act
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THE EAST AFRICAN COMMUNITY MEDIATION
AGREEMENT ACT, 1987
No. 7 of 1987
Date of Assent: 30th July, 1987
Date of Commencement: 14th May, 1984
ARRANGEMENT OF SECTIONS
Section
1—Short title and commencement. 2—Interpretation. 3—Certain provisions of agreement to have force of law. 4—Assets and liabilities of former Community. 5—Financial provisions. 6—Provisions relating to joint institutions and common services . 7—Immunities and privileges of employees. 8—Status, immunities and privileges of joint institutions or common
services. 9—Adaptation of written laws . 10—Repeal of Cap. 4. 11—Amendments to other written law.
ities and privileges of joint institutions or common
services. 9—Adaptation of written laws . 10—Repeal of Cap. 4. 11—Amendments to other written law.
An Act of Parliament to provide for giving effect to certain
provisions of the East African Community Mediation
Agreement, 1984, and for connected purposes
WHEREAS an Agreement for the Division of Assets and
Liabilities of the former East African Community, cited as
the "East African Community Mediation Agreement, 1984",
and set out in the First Schedule to this Act, was signed on the
14th May, 1984 on behalf of the Governments of the United
Republic of Tanzania, the Republic of Uganda and the
Republic of Kenya at Arusha, Tanzania;
AND WHEREAS it is expedient to make provisions for
giving effect to certain provisions contained in the said Agree-
ment;
f Kenya at Arusha, Tanzania;
AND WHEREAS it is expedient to make provisions for
giving effect to certain provisions contained in the said Agree-
ment;
27
1987 East African Community Mediation Agreement No. 7
NOW THEREFORE BE IT ENACTED by the Parlia-
ment of Kenya as follows:-
1. This Act may be cited as the East African Com-
munity Mediation Agreement Act, 1987 and shall be deemed
to have come into operation on the 14th May, 1984. 2. In this Act, unless the context otherwise requires ,--
"the Agreement" means the East African Community
Mediation Agreement, done at Arusha, Tanzania, on the 14th
May.
ss the context otherwise requires ,--
"the Agreement" means the East African Community
Mediation Agreement, done at Arusha, Tanzania, on the 14th
May.
1984;
"common services" means the Soroti Civil Flying School,
the Inter-University Council for East Africa or such other
common service as may be declared to be a common service
under section 5 (2);
"Minister" means the Minister for the time being
responsible for regional co-operation;
"States" means the United Republic of Tanzania, the
Republic of Uganda and the Republic of Kenya which were
parties to the Agreement;
"specified institutions" means the Soroti Civil Flying
School, the East African Development Bank and the Inter-
University Council for East Africa;
"the Treaty" means the Treaty for East African Co-
operation entered into by the Governments of the United
Republic of Tanzania, the Sovereign State of Uganda and the
Republic of Kenya which is set out in the Schedule to the
Treaty for East African Co-operation Act (now repealed). 3. Subject to this Act, the provisions of Articles 3, 4, 5,
7, 8, 9, 10, 11, 12, 14 and 15 of the Agreement shall have the
force of law in Kenya. 4.
. 3. Subject to this Act, the provisions of Articles 3, 4, 5,
7, 8, 9, 10, 11, 12, 14 and 15 of the Agreement shall have the
force of law in Kenya. 4.
(1) All the assets which, immediately before the com-
mencement of this Act, were vested in the former Community
by the Treaty and which were allocated to Kenya under the
Agreement are hereby vested in the Government of Kenya. (2) The Government shall, in respect of the assets referred
to in subsection (1), be subject to the liabilities of the former
Community only to the extent provided for in the Agreement. Short title and
commencemen t. lrtterpretation. Cap. 4. Certain
provisions of
agreement to
have force of
law. Assets and
liabilities
of former
Community.
rt title and
commencemen t. lrtterpretation. Cap. 4. Certain
provisions of
agreement to
have force of
law. Assets and
liabilities
of former
Community.
28
No. 7 East African Community Mediation Agreement 1987
Financial
provisions. Provision
relating to
joint
institution and
common services. Immunities and
privileges of
employees. 5. (1) There shall be charged on and paid out of the
Consolidated Fund without further appropriation than this
Act all payments required to be made from time to time by the
Government under the terms of the Agreement. (2) For the purpose of providing any sums required for
making payments under this section, the Minister responsible
for finance may, on behalf of the Government, make such
arrangements as are necessary, or raise loans by creation and
issue of securities bearing such rates of interest and subject to
such conditions as to repayment, redemption or otherwise as
he thinks fit, and the charges and expenses incurred in con-
nection with their issue shall be charged on and issued out of
the Consolidated Fund. (3) Any moneys received by the Government under the
Agreement shall be paid into and form part of the Consoli-
dated Fund and shall be available in any manner in which the
Consolidated Fund is available. 6.
ement shall be paid into and form part of the Consoli-
dated Fund and shall be available in any manner in which the
Consolidated Fund is available. 6.
(1) Notwithstanding anything contained in this Act or
any other written law the specified institutions shall operate
by virtue of this Act as a joint East African Institution or
common services, as the case may be. (2) The Minister may, by order published in the Gazette,
declare any other institution or organization to be a joint
institution or common service as may be agreed pursuant to
Article 14:02 of the Agreement. (3) A joint institution or common services shall operate
in accordance with such appropriate arrangements as may be
worked out by the States under Article 14 of the Agreement. 7. (1) Persons employed in the service of a joint institu-
tion or common services shall—
(a) be immune from civil process with respect to acts
performed by them in their official capacity; and
(b) be accorded such immunities from immigration
restrictions or alien registration and, where they are
not citizens of Kenya, such facilities in relation to
exchange control regulations as may be agreed upon
by the States,
gistration and, where they are
not citizens of Kenya, such facilities in relation to
exchange control regulations as may be agreed upon
by the States,
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1987 East African Community Mediation Agreement No. 7
(2) Experts and consultants rendering services to the
joint institution or common services shall be accorded such
immunities and privileges as may be agreed upon by the
States. 8. A joint institution or common service shall be
accorded such status, capacity, immunities, privileges and
exemptions as may be agreed upon by the States. 9. The Attorney-General may, by order published in
the Gazette, at any time before the expiration of twenty-four
months from the commencement of this Act, make such
amendments to any written law as may appear to the
Attorney-General to be necessary or expedient for bringing
that written law into conformity with the provisions of the
Agreement or otherwise for giving effect or enabling effect
to be given to those provisions. 10. The Treaty for East African Co-operation Act is
repealed. 11. The several written laws specified in the first column
of the Second Schedule are amended, in relation to the pro-
visions thereof specified in the second column, in the manner
specified in the third column. FIRST SCHEDULE (s.
e are amended, in relation to the pro-
visions thereof specified in the second column, in the manner
specified in the third column. FIRST SCHEDULE (s.
2)
AGREEMENT FOR THE DIVISION OF ASSETS AND LIABILITIES OF THE
FORMER EAST AFRICAN COMMUNITY
Agreement between the Governments of the United Republic of
Tanzania, the Republic of Uganda and the Republic of Kenya (here-
inafter collectively referred to as the "States"). WHEREAS:
The States by the Treaty for the East African Co-operation,
dated 6th June, 1967, established the East African Community (herein. after referred to as "the General Fund Services");
The Community and the Corporations ceased to perform their
functions in 1977 and the General Fund Services can no longer be
administered;
Conscious of the need to achieve a rational settlement of th -e
Community's affairs, the States engaged the services of a Mediator
(hereinafter referred to as "the Mediator"):
Status,
immunities and
privileges of
joint
institutions
or common
services. Adaptation
of written
law. Repeal of
Cap. 4. Amendments to
other written
laws.
us,
immunities and
privileges of
joint
institutions
or common
services. Adaptation
of written
law. Repeal of
Cap. 4. Amendments to
other written
laws.
30
No. 7 East African Community Mediation Agreement 1987
The Mediator, on the basis of the findings presented in eis
Consolidated Report dated 28th October, 1981 (hereinafter referred
to as the "Consolidated Report"), and in subsequent documents has
made proposals for the permanent and equitable division of the assets
and liabilities of the Corporations and the General Fund Services;
NOW THEREFORE, the States, having considered the proposals
of the Mediator, hereby agree as follows:
ARTICLE 1
DEFINITIONS
In this Agreement, unless the context otherwise requires, the
following terms and letters have the following meanings:
(a) "BA Railways" means the East African Railways Corporation;
(b)"EAP & T" means the East African Posts and Telecommuni-
cations Corporation;
(c) "EA Harbours" means the East African Harbours Corpora-
tion;
(d) "EA Airways" means the East African Airways Corporation;
(e) "EA Extelcotms" means the East African External Telecom-
- munications Company Limited, a subsidiary of the East
'African Posts and Telecommunications Corporation;
(f) "EA Cargo Handling" means the East African Cargo Hand-
ling Services Limited, a .
y of the East
'African Posts and Telecommunications Corporation;
(f) "EA Cargo Handling" means the East African Cargo Hand-
ling Services Limited, a .
subsidiary of the East African
Harbours Corporation;
(g) "GFIS" means the General Fund Services;
(h) "Corporations" means the EA Railways, EAP & T. EA
Harbours, EA Airways, and their subsidiaries, collectively,
and the team "Corporation" means any one of the Corpora-
tions individually;
(i)"Division date" means in the case of :
—BA Railways 30th JUne, 1977;
--BAP & T 31st December, 1976;
—EA Harbouns 30th June, 1977;
—EA Airways 45th February, 1977;
—EA Extelcoms 31st March, 1977;
—EA Cargo Handling 31st Decelmfber, 1976; and
—GFIS 30th June, 1977;
(i) "Long-term liabilities" means all those liabilities which are
listed in Annex "A" to this Agreement;
(k) "Current liabilities" means those liabilities expected to be
settled within a limited period not exceeding one year;
(I) "Net assets" means in the case of each Corporation and the
GFIS all the assets less current liabilities of such Corporation
ot exceeding one year;
(I) "Net assets" means in the case of each Corporation and the
GFIS all the assets less current liabilities of such Corporation
31
1987 East African Community Mediation Agreement No.
31
1987 East African Community Mediation Agreement No.
7
and of the GFS other than the assets and liabilities of the
pension and provident funds and those which have been
defined as long-term liabilities;
(m) "Rolling Stock Report" means the report on the identification
and allocation of rolling stock between Kenya and Uganda
dated 1st and 2nd December, 1982, hereto attached as
Annex "B" to this Agreement together with the list of rolling
stock and three Annexes thereto, submitted on 7th December,
1982, agreed to by Kenya and Uganda and hereby deemed
part of Annex "B" of this Agreement;
(n)"Sh.m" means millions of shillings of Kenya, Tanzania or
Uganda, as the case may be, at the rate of 8.31542 shillings
toil US Dollar in effect on 30th June, 1977;
(a) "Sm" means millions of United States Dollars;
(p)"Convertible currency" means the following currencies :
—the Canadian Dollar;
—the Deutsche Mark;
—the Italian Lira;
—the Pound Sterling;
—the Japanese Yen;
—the United States Dollar;
(q) "Tribunal" means the Arbitration Tribunal as provided for
in Article 12 hereof;
(r) "Board" means the Board of Trustees as provided for in
Article 10 hereof;
(s)"Mediation ratio" or "Mediation formula" means the division
in the proportion of forty-two per cent (42%) for Kenya,
thirty-two per cent (32%) for Tanzania and twenty-six per
cent (26%) for Uganda.
the division
in the proportion of forty-two per cent (42%) for Kenya,
thirty-two per cent (32%) for Tanzania and twenty-six per
cent (26%) for Uganda.
ARTICLE 2
ASSETS AND LIABILITIES COVER
2.00 This Agreement covers the assets and liabilities of the
Corporations and the GFS at the division date of each Corporation
and of the GFS. ARTICLE 3
NET ASSETS; EQUITY SHARES; EXCESS AND SHORTFALL
3.00 The amount of the net assets of the Corporation and of the
GFS held in each of the States, the allocation of such amount
as equity shares among the States, taking into account the geographic
location of such assets and the common ownership interests by the
States in such assets, and the resulting excess or shortfall of not assets
are:
fi
32
No. 7 Easi African Community Mediation Agreement 1987
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33
1987 East African Community Mediation Agreement No. 7
ARTICLE 4
COMPENSATION TO UGANDA FOR SHORTFALL OF NET ASSETS. INTEREST PAYMENTS
4.01 Kenya and Tanzania shall compensate Uganda for its short-
fall of net assets as set forth in Article 3 hereinabove by one or more
of the following methods:
( a) payments in convertible currencies:
(b) the provision of goods;
(c) the provision of services;
(d) the financing of existing or new productive facilities:
(e) the set-off, or compensation for mutually recognized claims: or
(f) a combination of any of these modes;
all on terms and conditions agreed between Kenya and Uganda, and
between Tanzania and Uganda, as set forth in Annexes "C" and "D",
respectively, to this Agreement. 4.02 Kenya and Tanzania shall pay interest at the rate of seven
per cent (7%) per annum from the date of signing of this Agreement
on the outstanding amounts of compensation due to Uganda from
time to time under this Article. ARTICLE 5
COMPENSATION FOR EQUIPMENT AND ALLOCATION OF
ROLLING STOCK TO UGANDA
5.01 Kenya shall pay to Uganda the amount of shillings one
million (Sh.
ARTICLE 5
COMPENSATION FOR EQUIPMENT AND ALLOCATION OF
ROLLING STOCK TO UGANDA
5.01 Kenya shall pay to Uganda the amount of shillings one
million (Sh.
1m) equivalent to United States dollars one hundred and
twenty thousand (USS120,000) being compensation for certain GFS
equipment. 5.02 Kenya shall transfer to Uganda the number of coaches and
wagons of the quality, size and specifications as set forth in the
Rolling Stock Report. ARTICLE 6
VALUATION OF LONG-TERM LIABILITIES
6.00 The long-term liabilities of the Corporations and of the
GFS at the division date of each Corporation and of the GFS amount
to shillings two thousand eight hundred and sixty-three million, eight
hundred thousand (Sh. 2,863,800,000). ARTICLE 7
ALLOCATION OF LONG-TERM LIABILITIES; INTERIM PAYMENTS
7.01 The long-term liabilities of the Corporations and of the
GFS as at the division dates, set out in Annex "A". are allocated to
the States in the proportion of forty-two per cent (42%) to Kenya,
thirty-two per cent (32%) to Tanzania. and twenty-six per cent
(26%) to Uganda.
34
No. 7 East African Community Mediation Agreement 1987
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7 East African Community Mediation Agreement 1987
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TABL E OF DIVISION
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15
1987 East African Community Mediation Agreement No. 7.02 Payments made by each State in respect of the long-term
liabilities from the division dates to 30th June, 1984, shared either in
excess or short of the proportion allocated to a State in Sub-Article
7.01 are to be taken into account in calculating the amount of
compensation due by or to that State under Article 4. ARTICLE 8
LIABILITY TOWARDS CREDITORS
8.01 The creditors of the long-term liabilites and the States having
agreed to the division of the liabilities pursuant to Article 7 and,
where applicable, to the eliminaton of joint and several guarantees
in respect of such liabilities, each State shall solely be responsible for
such balance of liabilities allocated to it and as reflected in the
separate Agreements between each State and each Creditor. 8.02 The repayment to local holders of loan stocks issued by the
Corporations, shall be the responsibility of the Government of the
State in which the stockholders reside. 8.03 Each State hereby indemnifies the other States against all
responsibilities for the liabilities it has assumed as provided in Sub-
Articles 8.01 and 8.02 above.
hereby indemnifies the other States against all
responsibilities for the liabilities it has assumed as provided in Sub-
Articles 8.01 and 8.02 above.
8.04 Notwithstanding any other provision in this Agreement to
the contrary, the effective date of Sub-Article 8.01 shall be 1st July,
1984. ARTICLE 9
CLAIMS
9.01 Claims, registered prior to 31st December, 1978, other than
claims for pensions by former members of staff of the Community
institutions, claims against EA Airways and long-term liabilities, shall
be dealt with as follows—
(a) claims for amounts due in the currency of one of the States
are assigned to, and shall be dealt with by such State in
accordance with its existing procedures;
(b) claims for amounts due in foreign currency, not covered by
Article 8, may be dealt with by ad hoc agreement between
the States or, failing such agreement, by the Arbitration
Tribunal referred to in Article 12 of this Agreement. 9.02 Claims against EA Airways registered prior to 31st Decem-
aer, 1978, not allocated as part of the long-term liabilities pursuant
to Article 7, shall be dealt with by the State in which they were
registered in accordance with that State's existing procedures.
liabilities pursuant
to Article 7, shall be dealt with by the State in which they were
registered in accordance with that State's existing procedures.
ARTICLE 10
PENSION AND PROVIDENT FUNDS
10.01 The assets of the Pension and Provident Funds of the
Corporations and GFS consist of the value of the Pension and
Provident Funds assets located in the States and those currently held
and managed by the Crown Agents.
and GFS consist of the value of the Pension and
Provident Funds assets located in the States and those currently held
and managed by the Crown Agents.
36
No. East African Community Mediation Agreement 1981
10.02 The Pension assets and liabilities of the Corporations and
GFS shall be subject to an actuarial exercise which shall determine
the value of the Pension assets and liabilities in each State and abroad
for a decision by the States on the final division of the assets and the
I iabilities. 10.03 Pending the determination of the Pension assets and liabili-
ties for each State:
(a) Pension and Provident Funds assets located in the States
shall continue to be vested and managed by the States where
they are so located_
(b) (i) Pension and Provident Funds assets of the Community
currently held and administered by the Crown Agents
shall vest in and be managed and administered by a
Board of Trustees consisting of the Governors of the
Central Banks of the States. (ii) The Board shall sit not later than one month after the
signing of the Mediation Agreement and shall thereafter
meet quarterly and submit its reports to the Ministers
responsible for Finance in the States. (iii) The Board shall function in accordance with the rules
of procedure set forth in Annex "F" to this Agreement.
ponsible for Finance in the States. (iii) The Board shall function in accordance with the rules
of procedure set forth in Annex "F" to this Agreement.
If any question of procedure arises which is not covered
by the said Annex, the Board shall decide the question. (iv) The Board shall cease to exist upon a final division of
the Pension and Provident Funds assets and other assets
and liabilities as provided for in Sub-Articles 10.01, 10.02
and 11.03 of this Agreement. (c) The Pension and Provident Funds assets of the Community
now held and managed by the Crown Agents consisted of
the following as at 31st March, 1984:
(i) Pension Fund assets amounting to Pounds Sterling twenty
million, five hundred and ninety-two thousand, four
hundred and fifty (£20,592,450). (ii) Provident Fund assets amounting to Pounds Sterling one
million, two hundred forty-eight thousand, nine hundred
and seventy-seven (£1,248,977). 10.04 The value of the assets of the Pension Fund of EAP & T
other than those covered in Sub-Article 10.01 above, located in Uganda
shall be ascertained and a decision made thereon by the States in the
light of actuarial and other findings.
ub-Article 10.01 above, located in Uganda
shall be ascertained and a decision made thereon by the States in the
light of actuarial and other findings.
10.05 Each State shall:
(a) Pay its nationals, employed by the Corporations or GFS and
retired from active service by the division date the pensions
and other benefits due to them on account of such employ-
ment.
Corporations or GFS and
retired from active service by the division date the pensions
and other benefits due to them on account of such employ-
ment.
37
1987 East African Community Mediation Agreement Na
(6) Make provision for the pension rights and entitlements to
other benefits accrued as of the division date in favour of its
nationals in active service with such Corporations and GFS
at that date. 10.06 (a) Each State shall pay to members of staff formerly
employed by the Corporations or GFS, other than its
nationals and other than those covered by the Pensions
Take-over Agreement with the United Kingdom whose
last duty station was within its territory, and to their
widows and orphans the pensions and other benefits
lawfully due to them on account of such employment. (b) The obligation referred to in paragraph (a) of this Sub-
Article covers both members of staff retired from active
service and those in active service at the division date.
ed to in paragraph (a) of this Sub-
Article covers both members of staff retired from active
service and those in active service at the division date.
ARTICLE 11
OTHER ASSETS
11.01 Other assets of the Community held by the Crown Agents
consist of:
(a) Sinking Funds which amounted, as at 31st March, 1984, to
Pounds Sterling four million, five hundred thirty-eight
thousand, six hundred eighty-two (£4,538,682):
(i) Out of this amount, a sum of Pounds Sterling five hundred
thousand, seven hundred and sixty-seven (£500,767) is
distributed to the States in the proportion of forty-two
per cent (42%) to Kenya, thirty-two per cent (32%) to
Tanzania and twenty-six per cent (26%) to Uganda;
(ii) The balance of Pounds Sterling four million, and thirty-
seven thousand, nine hundred and fifteen (£4,037,915)
shall be used to redeem the following two loan stocks:
—1957 East African High Commission (Railways and
Harbours) 5+ per cent 1977-83. —1956 East African High Commission (Railways and
Harbours) 5+ per cent 1980-85. Any surplus will be divided among the States in accord-
ance with the Mediation formula.
High Commission (Railways and
Harbours) 5+ per cent 1980-85. Any surplus will be divided among the States in accord-
ance with the Mediation formula.
(b) (i)Cash balances, which amounted to Pounds Sterling one
million, one hundred and twenty thousand, five hundred
ninety (1,120,590) at 31st March, 1984, are distributed
to the States in proportion of forty-two per cent (42%)
to Kenya, thirty-two (32%) to Tanzania and twenty-six
per cent (26%) to Uganda. (ii) Out of this amount, the sum of £5,400 may be transferred
to Pensions Fund.
thirty-two (32%) to Tanzania and twenty-six
per cent (26%) to Uganda. (ii) Out of this amount, the sum of £5,400 may be transferred
to Pensions Fund.
38
No. 7 East African Community Mediation Agreement 1987
11.02 The amount due from the United Kingdom to the Com-
munity arising out of the Pensions Take-over Agreement which is
currently estimated at Pounds Sterling five hundred and sixty-four
thousand (£564,000) shall be distributed to the States in the proportion
of forty-two per cent (42%) to Kenya, thirty-two per cent (32%) to
Tanzania and twenty-six per cent (26%) to Uganda. 11.03 Any other assets not particularly provided for in this
Agreement, which after the signature of this Agreement are ascertained
by the States, the Board of Trustees or any other person or body as
belonging to the Community, shall automatically vest in the Board
of Trustees which shall manage and administer the same until a
decision is made by the States for the final disposal thereof.
ically vest in the Board
of Trustees which shall manage and administer the same until a
decision is made by the States for the final disposal thereof.
ARTICLE 12
SETTLEMENT OF DISPUTES
12.01 Any dispute between two or more of the States and/or
any claim by any one or more of them against any other of the
States arising under this Agreement, including any question concerning
its interpretation or implementation, which cannot be determined by
agreement between the parties, shall be submitted for decision to an
Arbitration Tribunal. 12.02 (a) The Tribunal shall consist of four members appointed
as follows: each State shall appoint one member, the
fourth member, who shall be the Chairman of the
Tribunal and who shall not be a national of any of the
States, shall be appointed by agreement of the States. (b) Notwithstanding the foregoing, in the event that one
State shall fail to make an appointment within three
months from the date of this Agreement the Tribunal
shall be deemed to be properly constituted. (c) In case the States fail to agree on the appointment of
a Chairman within three months from the date of this
Agreement, the President of the World Bank shall make
such appointment. 12.03 The Tribunal shall function in accordance with the Rules
of Procedure set forth in Annex "E" to this Agreement.
ank shall make
such appointment. 12.03 The Tribunal shall function in accordance with the Rules
of Procedure set forth in Annex "E" to this Agreement.
If any ques-
tion of procedure arises which is not covered by the said Annex, the
Tribunal shall decide the question. 12.04 Every decision of the Tribunal shall be taken by the
majority of the members present at a sitting, and where the members
are equally divided in their opinions, that of the Chairman shall
prevail. 12.05 The decisions of the Tribunal shall be in writing and shall
be signed by each member present at the sitting. 12.06 The States shall by mutual agreement determine the terms
and conditions of service of the Chairman of the Tribunal.
mber present at the sitting. 12.06 The States shall by mutual agreement determine the terms
and conditions of service of the Chairman of the Tribunal.
2 39
1987 East. African Community Mediation Agreement No. 7
12.07 Each State shall pay the member of the Tribunal represent-
ing it allowances and other remuneration for attendance at sessions
of the Tribunal. In addition, each member will be reimbursed by the
State which appointed him for expenses reasonably incurred by him
in the course of his duties as a member of the Tribunal. 12.08 (a) There shall be a Registrar who shall be appointed by
agreement of the States. tb)Until the States exercise their powers under Sub-Article
12.08 (p) above, the Secretary of the East African
Development Bank shall be the Registrar of the Tri-
bunal. (c) The States shall make equal advance payments for the
setting up of the Registry, and thereafter make appro-
priate financial arrangements for the running thereto. 12.09 The Registry of the Tribunal shall be situated in Kampala,
Uganda. 12.10 The Tribunal may in any particular case meet and exercise
its jurisdiction at any place, within the States, it considers desirable. 12.11 The Tribunal shall cease to exist upon the full and final
payment and settlement of all compensation, claims and dispute under
this Agreement.
. 12.11 The Tribunal shall cease to exist upon the full and final
payment and settlement of all compensation, claims and dispute under
this Agreement.
ARTICLE 13
LAW GOVERNING THE AGREEMENT
13.00 The Tribunal shall apply legal principles common to the
contracting States and recognized principles and rules of International
Law. ARTICLE 14
OPERATIONS OF CERTAIN INSTITUTIONS AND SERVICES:
FUTURE CO-OPERATION
14.01 The States agree that—
(a) the Soroti Civil Flying School and the Inter-University Council
for East Africa shall operate as common services;
(b) the East African Development Bank shall operate as a joint
institution; and
(c) the common services and institution referred to in paragraph
(a) and (b) above shall be operated and financed under such
arrangements as shall be agreed upon by the States from
time to time. 14.02 The States agree to explore and identify further areas for
future co-operation and to work out concrete arrangements for such
co-operation.
ime. 14.02 The States agree to explore and identify further areas for
future co-operation and to work out concrete arrangements for such
co-operation.
40
No. 7 East African Community Mediation Agreement 1987
ARTICLE 15
AMENDMENTS
15.00 This Agreement may be amended by mutual consent of the
States and such amendment shall be by exchange of letters between
the Heads of State of the three Governments and shall form an
integral part of this Agreement. ARTICLE 16
ABROGATION OF THE TREATY FOR EAST AFRICAN CO-OPERATION
16.00 The Treaty for East African Co-operation, dated 6th June,
1967, is hereby abrogated. ARTICLE 17
ENTRY INTO FORCE
17.00 This Agreement shall enter into force upon its signature. ARTICLE 18
CITATION
18.00 This Agreement shall be cited as "the East African Com-
munity Mediation Agreement, 1984". ARTICLE 19
SCOPE OF THIS AGREEMENT
19.00 This Agreement consists of 19 Articles and 6 Annexes,
each of which forms an integral part hereof. The Agreement is made
and signed in five originals, all in English and all of them being
equally authentic. Each State shall retain one original and the fourth
and fifth originals shall be deposited with the Secretaries General of
the United Nations and the Organization of African Unity.
iginal and the fourth
and fifth originals shall be deposited with the Secretaries General of
the United Nations and the Organization of African Unity.
DONE at Arusha, Tanzania, on the fourteenth day of May in
the year one thousand nine hundred and eighty-four. IN FAITH WHEREOF the undersigned have placed their
signatures at the end of this Agreement. For the Government
of the United
Republic of Tanzania
For the Government
of the Republic of
Uganda
For the Government
of the Republic of
Kenya
eement. For the Government
of the United
Republic of Tanzania
For the Government
of the Republic of
Uganda
For the Government
of the Republic of
Kenya
41
1987 East African Community Mediation Agreement No. 7
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Ba lance a t Div is io n Da te —( Con t d. )
I —LOA N FROM GOVE RNMENTS AND I NTER N A FIONA L AGENC IE S — ( CO/l t d. )
42
No. 7 East African Community Mediation Agreement 19117
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1987 East African Community Mediation Agreement No. 7
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46
No. 7 East African Community Mediation Agreement 1987
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47
1987 East African Community Mediation Agreement No. 7
SECOND SCHEDULE (s. 1 1 )
CONSEQUENTIAL AMENDMENTS
Written Law Provision Amendment
The Interpretation and s. 3(1) Delete the definitions of "Act of the Commu-
General Provisions Act nity", "Community", "East African
(Cap. 2) Authority", "High Commission" and
"the Organization";
Delete the expression "an Act of the Com-
munity" appearing in paragraph (a) of
the definition of "applied law" ;
Delete the expression "the Community or"
appearing in the definition of "public
body". Part Delete the entire heading and substitute the
heading A following: A—Acts of Parliament and
Applied Law
The Advocates Act (Cap. 16)
The Defamation Act (Cap. 36)
s. 40 Delete
s. 9 Delete paragraph (b)
s. 10(1) Delete the expression ", the Counsel to the
Community";
s. 15(6) Delete the words "or the Counsel to the
Community";
s. 18A Delete the words "and the Counsel to the
Community". s. Delete the expression "the East African
Posts and Telecommunications Act of
the organization" and insert "the Kenya
Posts and Telecommunications Cor-
poration Act":
The Official Secrets Act s. (Cap.
d Telecommunications Act of
the organization" and insert "the Kenya
Posts and Telecommunications Cor-
poration Act":
The Official Secrets Act s. (Cap.
187)
Delete the expression "the East African
Posts and Telecommunications Act of
the Community" and insert "the Kenya
Posts and Telecommunications Corpora-
tions Act";
The Kenya Broadcasting Cor- s. 2 Delete the expression "the East African
poration (Nationalization) Posts and Telecommunications Act of
Act (Cap. 224). the High Commission" and insert "the
Kenya Posts and Telecommunications
Corporations Act".Have questions about this law?
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