The Treaty for the Establishment of the East African Community Act

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CHAPTER 411
THE TREATY FOR THE ESTABLISHMENT OF
THE EAST AFRICAN COMMUNITY ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Community to have capacity of body corporate.
4. Transfer of assets and liabilities.
5. Financial provisions.
6. Immunities and privileges of employees.
7. Status, immunities and privileges of Community.
8. Acts of Community to have force of law.
9. Amendment of Treaty.
SCHEDULE

rivileges of employees.
7. Status, immunities and privileges of Community.
8. Acts of Community to have force of law.
9. Amendment of Treaty.
SCHEDULE

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WHEREAS the Treaty for the Establishment of the East
African Community, which is set out in the Schedule to this
Act, was signed on the 30th November, 1999, on behalf of
the Government of the Republic of Kenya, the Government
of the Republic of Uganda and the Government of the United
Republic of Tanzania, at Arusha, Tanzania:
AND WHEREAS it is expedient to make provisions for giving
effect to certain provisions specified in the said Treaty which
shall come into operation when the said Treaty comes into force:
NOW THEREFORE BE IT ENACTED by the Parliament of
the United Republic of Tanzania, as follows-
1.–(1) This Act may be cited as the Treaty for the Establishment
of the East African Community Act. (2) This Act shall apply to Tanzania Zanzibar as well as to
Mainland Tanzania. 2.

the Treaty for the Establishment
of the East African Community Act. (2) This Act shall apply to Tanzania Zanzibar as well as to
Mainland Tanzania. 2.

In this Act, unless the context requires otherwise-
“Act of the Community” means a legislation of the Community
enacted in accordance with Article 62 of the Treaty;
“Assembly” means the East African Legislative Assembly
established by Article 9 of the Treaty;
“Community” means the East African Community
established by Article 2 of the Treaty;
Short title
Interpretation
CHAPTER 411
THE TREATY FOR THE ESTABLISHMENT OF
THE EAST AFRICAN COMMUNITY ACT
An Act to provide for giving effect to the provisions of the Treaty for
the Establishment of the East African Community and for connected
purposes. [1st April, 2001]
[GN. No. 149 of 2007]
Act No. 4 of 2001

f the Treaty for
the Establishment of the East African Community and for connected
purposes. [1st April, 2001]
[GN. No. 149 of 2007]
Act No. 4 of 2001

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
“Minister” means the Minister responsible for East African
Community;
“Secretariat of the Tripartite Commission” means the
Secretariat established pursuant to Article 6 of the
Agreement for the Establishment of a Permanent Tripartite
Commission for Co-operation between the Republic of
Kenya, the Republic of Uganda and the United Republic
of Tanzania entered into on the 30th November, 1993;
“States” means the Republic of Kenya, the Republic of
Uganda and the United Republic of Tanzania;
“Treaty” means the Treaty for the Establishment of the East
African Community entered into by the Government
of the Republic of Kenya, the Republic of Uganda and
the United Republic of Tanzania which is set out in the
Schedule to this Act, as from time to time amended under
any provision thereof or otherwise modified; and
“United Republic” means the United Republic of Tanzania.

this Act, as from time to time amended under
any provision thereof or otherwise modified; and
“United Republic” means the United Republic of Tanzania.

3.–(1) The Community shall have the capacity, within the
United Republic, of a body corporate with perpetual succession
and shall have power to acquire, hold, manage and dispose
of land and other property and to sue and be sued in its own
name. (2) The Community shall have power to perform any of the
functions conferred upon it by the Treaty and to do all things,
including borrowing, that are necessary or desirable for the
performance of those functions. (3) The provisions of subsection (2) relate only to the
capacity of the Community as a body corporate and nothing in
that subsection shall be construed as authorising the disregard
by the Community of any law or as affecting any power of the
Community conferred by any law. 4.–(1) All the property of the Secretariat of the Tripartite
Commission immediately before the commencement of
this Act shall, as from the date of commencement, vest in
the Community; and as from such commencement the
Community to
have capacity of
body corporate
Transfer of assets
and liabilities

commencement, vest in
the Community; and as from such commencement the
Community to
have capacity of
body corporate
Transfer of assets
and liabilities

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Community shall have all the rights which the Secretariat
of the Tripartite Commission has and be subject to all the
liabilities which the Secretariat of the Tripartite Commission
has and be subject to all the liabilities which the Secretariat of
the Tripartite Commission is subject, immediately before such
commencement.

mission
has and be subject to all the liabilities which the Secretariat of
the Tripartite Commission is subject, immediately before such
commencement.

(2) On and after the commencement of this Act, every
contract made by or on behalf of the Secretariat of the Tripartite
Commission, whether in writing or not and whether or not
of such a nature that rights and liabilities thereunder could
be assigned by the Secretariat of the Tripartite Commission,
shall have effect as if made by or on behalf of the Community,
and as if references therein to the Secretariat of the Tripartite
Commission and to any officer or authority thereof were
replaced, in relation to anything falling to be done on or after
such commencement, references to the Community and to the
corresponding officer or authority of the Community. (3) Without prejudice to the generality of subsections (1) and
(2), the Community and any other person or authority shall have
like rights, powers and remedies, including in particular, rights
and powers as to instituting or defending legal proceedings,
for ascertaining, perfecting or enforcing any rights or liabilities
vested in or attaching to them by virtue of this section as if the
rights or liabilities had at all times been rights and liabilities of
the Community or of that person or authority.

y virtue of this section as if the
rights or liabilities had at all times been rights and liabilities of
the Community or of that person or authority.

(4) Any proceedings by or against the Secretariat of the
Tripartite Commission pending immediately before the
commencement of this Act shall be continued by or against
the Community. 5.–(1) There shall be charged on and paid out of the
Consolidated Fund, without further appropriation other than
this Act, all payments required to be made from time to time
by the Government under the terms of the Treaty. (2) For the purpose of providing any sums required for
making payments under this section, the Minister responsible
Financial
provisions

f the Treaty. (2) For the purpose of providing any sums required for
making payments under this section, the Minister responsible
Financial
provisions

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
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
connection with their issue shall be charged on and issued out
of the Consolidated Fund. (3) Any moneys received by the Government under the
Treaty shall be paid into and form part of the Consolidated
Fund and shall be available in any manner in which the
Consolidated Fund is available. 6.–(1) Persons employed in the service of the Community
shall be-
(a) immune from civil process with respect to acts
performed by them in their official capacity; and
(b) accorded such immunities from immigration
restrictions and alien registration.

h respect to acts
performed by them in their official capacity; and
(b) accorded such immunities from immigration
restrictions and alien registration.

(2) Experts and consultants rendering services to the
Community shall be accorded such immunities and privileges
as may be agreed upon by the States. 7.–(1) The Community shall be accorded such status, capacity,
immunities, privileges and exemptions as may be agreed upon
by the States. (2) Members of the Community shall be accorded such
immunities and privileges as may be agreed upon by the States. (3) The provisions of subsections (1) and (2) shall, apply
mutatis mutandis, to the Assembly and its members. 8.–(1) The provisions of any Act of the Community shall, from
the date of publication of the Act in the Official Gazette of the
Community, have the force of law in the United Republic. (2) An Act of the Community shall come into operation
on the date of its publication in the Official Gazette of the
Community or, if it is provided in that Act that some or all of
its provisions shall come into operation on some other date,
Immunities and
privileges of
employees
Status,
immunities and
privileges of
Community
Acts of
Community to
have force of law

ation on some other date,
Immunities and
privileges of
employees
Status,
immunities and
privileges of
Community
Acts of
Community to
have force of law

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
whether before or after the date of publication, those provisions
shall come into operation on that other date. 9. Where the Treaty is amended or modified, the Attorney
General shall cause a notice of the amendment or modification
and of the date when the amendment or modification comes or
is deemed to have come into operation, to be published in the
Gazette, and a copy of the notice to be laid without delay before
the National Assembly; and such amendment or modification
shall, for the purposes of this Act, come or be deemed to have
come into operation on such date. SCHEDULE
Amendment of
Treaty
THE TREATY FOR ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY
CHAPTER I
INTERPRETATION
Article Title
1. Interpretation. CHAPTER II
ESTABLISHMENT AND PRINCIPLES OF THE COMMUNITY
2. Establishment of the Community. 3. Membership of the Community. 4. Legal Capacity of the Community. 5. Objectives of the Community. 6. Fundamental Principles of the Community. 7.

ty. 3. Membership of the Community. 4. Legal Capacity of the Community. 5. Objectives of the Community. 6. Fundamental Principles of the Community. 7.

Operational Principles of the Community. 8. General Undertaking as to Implementation. CHAPTER III
ESTABLISHMENT OF THE ORGANS AND INSTITUTIONS
OF THE COMMUNITY
9. Establishment of the Organs and Institutions of the Community.

mentation. CHAPTER III
ESTABLISHMENT OF THE ORGANS AND INSTITUTIONS
OF THE COMMUNITY
9. Establishment of the Organs and Institutions of the Community.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER IV
THE SUMMIT
10. Membership of the Summit. 11. Functions of the Summit. 12. Meetings of the Summit. CHAPTER V
THE COUNCIL
13. Membership of the Council. 14. Functions of the Council. 15. Meeting of the Council. 16. Effects of regulations, directives, decisions and recommendations of the Council. CHAPTER VI
THE CO-ORDINATION COMMITTEE
17. Composition of the Co-ordination Committee. 18. Functions of the Co-ordination Committee. 19. Meetings of the Co-ordination Committee. CHAPTER VII
SECTORAL COMMITTEES
20. Establishment and Composition of Sectoral Committees. 21. Functions of the Sectoral Committees. 22. Meetings of the Sectoral Committees. CHAPTER VIII
THE EAST AFRICAN COURT OF JUSTICE
23. Role of the Court. 24. Judges of the Court. 25. Tenure of office of judges. 26. Removal from office and temporary membership of the Court. 27. Jurisdiction of the Court. 28. Reference by partner states. 29. Reference by the Secretary-General. 30.

ice and temporary membership of the Court. 27. Jurisdiction of the Court. 28. Reference by partner states. 29. Reference by the Secretary-General. 30.

Reference by legal and natural Persons. 31. Disputes between the community and its employees. 32. Arbitration clauses and special agreement. 33. Jurisdiction of National Courts. 34. Preliminary rulings of National Courts. 35. Judgement of the Court. 35A. Appeals. 36. Advisory opinions of the Court. 37. Appearance before the Court. 38. Acceptance of judgments of the Court. 39. Interim orders.

ourt. 35A. Appeals. 36. Advisory opinions of the Court. 37. Appearance before the Court. 38. Acceptance of judgments of the Court. 39. Interim orders.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
40. Intervention. 41. Proceedings. 42. Rules of the Court and oaths of office. 43. Immunity of the judges and the holding of other offices. 44. Execution of judgments. 45. Registrar of the Court and other staff. 46. Official language of the Court. 47. Seat of the Court. CHAPTER IX
THE EAST AFRICAN LEGISLATIVE ASSEMBLY
48. Membership of the Assembly. 49. Functions of the Assembly. 50. Election of members of the Assembly. 51. Tenure of office of elected members. 52. Questions as to membership of the Assembly. 53. Speaker of the Assembly. 54. Invitation of persons to assist the Assembly. 55. Meetings of the Assembly. 56. Presiding in the Assembly. 57. Quorum and vacancies in the Assembly. 58. Voting in the Assembly. 59. Bills and motions in the Assembly. 60. Rules of procedure of the Assembly. 61. Powers, privileges and immunities of the Assembly and its members. 62. Acts of the Community. 63. Assent to Bills. 64. Publication of Acts of the Community. 65.

ivileges and immunities of the Assembly and its members. 62. Acts of the Community. 63. Assent to Bills. 64. Publication of Acts of the Community. 65.

Relations between the Assembly and the National Assemblies of the Partner States. CHAPTER X
THE SECRETARIAT AND STAFF OF THE COMMUNITY
66. Establishment of the Secretariat. 67. Secretary-General. 68. Deputy Secretaries-General. 69. Counsel to the community. 70. Other officers and staff of the Secretariat. 71. Functions of the Secretariat. 72. Relationship between the Secretariat and the Partner States. 73. Immunities. CHAPTER XI
CO-OPERATION IN TRADE LIBERALISATION
AND DEVELOPMENT
74. East African trade regime. 75. Establishment of a Customs Union.

. 73. Immunities. CHAPTER XI
CO-OPERATION IN TRADE LIBERALISATION
AND DEVELOPMENT
74. East African trade regime. 75. Establishment of a Customs Union.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
76. Establishment of a Common Market. 77. Measures to address imbalances arising from the application of the provisions
for the establishment of a Customs Union and a Common Market. 78. Safeguard clause. CHAPTER XII
CO-OPERATION IN INVESTMENT AND
INDUSTRIAL DEVELOPMENT
79. Industrial development. 80. Strategy and priority areas. CHAPTER XIII
CO-OPERATION IN STANDARDISATION,
QUALITY ASSURANCE, METROLOGY AND TESTING
81. Standardisation, quality assurance, metrology and testing. CHAPTER XIV
MONETARY AND FINANCIAL CO-OPERATION
82. Scope of co-operation. 83. Monetary and fiscal policy harmonization. 84. Macro-economic co-ordination within the community. 85. Banking and capital market development. 86. Movement of capital. 87. Joint project financing. 88. Safeguard measures. CHAPTER XV
CO-OPERATION IN INFRASTRUCTURE AND SERVICES
89. Common transport and communications policies. 90. Roads and road transport. 91. Railways and rail transport. 92.

ON IN INFRASTRUCTURE AND SERVICES
89. Common transport and communications policies. 90. Roads and road transport. 91. Railways and rail transport. 92.

Civil aviation and civil air transport. 93. Maritime transport and ports. 94. Inland waterways transport. 95. Multimodal transport. 96. Freight booking centres. 97. Freight forwarders, customs clearing agents and shipping agents. 98. Postal services. 99. Telecommunications. 100. Meteorological services. 101. Energy.

eight forwarders, customs clearing agents and shipping agents. 98. Postal services. 99. Telecommunications. 100. Meteorological services. 101. Energy.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER XVI
CO-OPERATION IN THE DEVELOPMENT OF
HUMAN RESOURCES, SCIENCE AND TECHNOLOGY
102. Education and training. 103. Science and technology. CHAPTER XVII
FREE MOVEMENT OF PERSONS, LABOUR, SERVICES,
RIGHT ESTABLISHMENT AND RESIDENCE
104. Scope of co-operation. CHAPTER XVIII
AGRICULTURE AND FOOD SECURITY
105. Scope of co-operation. 106. Seed multiplication and distribution. 107. Livestock multiplication and distribution. 108. Plant and animal diseases control. 109. Irrigation and water catchment management. 110. Food security. CHAPTER XIX
CO-OPERATION IN ENVIRONMENT AND
NATURAL RESOURCES MANAGEMENT
111. Environmental issues and natural resources. 112. Management of the environment. 113. Prevention of illegal trade in and movement of toxic chemicals, substances
and hazardous wastes. 114. Management of natural resources. CHAPTER XX
CO-OPERATION IN TOURISM AND WILDLIFE MANAGEMENT
115. Tourism. 116. Wildlife management.

rdous wastes. 114. Management of natural resources. CHAPTER XX
CO-OPERATION IN TOURISM AND WILDLIFE MANAGEMENT
115. Tourism. 116. Wildlife management.

CHAPTER XXI
HEALTH, SOCIAL AND CULTURAL ACTIVITIES
117. Scope of co-operation. 118. Health. 119. Culture and sport. 120. Social welfare.

CHAPTER XXI
HEALTH, SOCIAL AND CULTURAL ACTIVITIES
117. Scope of co-operation. 118. Health. 119. Culture and sport. 120. Social welfare.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER XXII
ENHANCING THE ROLE OF WOMEN IN
SOCIO-ECONOMIC DEVELOPMENT
121. The role of women in socio-economic development. 122. The role of women in business. CHAPTER XXIII
CO-OPERATION IN POLITICAL MATTERS
123. Political affairs. 124. Regional peace and security. 125. Defence. CHAPTER XXIV
LEGAL AND JUDICIAL AFFAIRS
126. Scope of co-operation. CHAPTER XXV
THE PRIVATE SECTOR AND THE CIVIL SOCIETY
127. Creation of an enabling environment for the private sector and the civil society. 128. Strengthening the private sector. 129. Co-operation among business organisations and professional bodies. CHAPTER XXVI
RELATIONS WITH OTHER REGIONAL AND INTERNATIONAL
ORGANISATIONS AND DEVELOPMENT PARTNERS
130. International organisations and development partners. CHAPTER XXVII
CO-OPERATION IN OTHER FIELDS
131. Other fields. CHAPTER XXVIII
FINANCIAL PROVISIONS
132. Budget. 133. Other resources. 134. Audit of accounts. 135. Financial rules and regulations.

31. Other fields. CHAPTER XXVIII
FINANCIAL PROVISIONS
132. Budget. 133. Other resources. 134. Audit of accounts. 135. Financial rules and regulations.

CHAPTER XXIX
GENERAL TRANSITIONAL FINAL PROVISIONS
136. Headquarters and other offices of the community. 137. Official language.

CHAPTER XXIX
GENERAL TRANSITIONAL FINAL PROVISIONS
136. Headquarters and other offices of the community. 137. Official language.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
138. Status, privileges and immunities. 139. Dissolution of the Permanent Tripartite Commission and its Secretariat. 140. Transitional provisions. 140(4A). Transition. 141. Transfer of assets and liabilities. 142. Saving provisions. 143. Sanctions. 144. Duration of the Treaty. 145. Withdrawal of a member. 146. Suspension of a member. 147. Expulsion of a member. 148. Exceptions to the rule of consensus. 149. Rights over property and assets of the community upon cessation of membership. 150. Amendment of the Treaty. 151. Annexes and Protocols to the Treaty. 152. Entry into force. 153. Depository and registration.

sation of membership. 150. Amendment of the Treaty. 151. Annexes and Protocols to the Treaty. 152. Entry into force. 153. Depository and registration.

SCHEDULE
THE TREATY FOR THE EAST AFRICAN CO-OPERATION
WHEREAS the United Republic of Tanzania, the Republic of Kenya
and the Republic of Uganda have enjoyed close historical, commercial,
industrial, cultural and other ties for many years;
AND WHEREAS formal economic and social integration in the East
African Region commenced with, among other things, the construction
of the Kenya Uganda Railway 1897-1901, the establishment of the
Customs Collection Centre 1900, the East African Currency Board
1905, the Postal Union 1905, the Court of Appeal for Eastern African
1909, the Customs Union 1919, the East African Governors Conference
1926, the East African Income Tax Board 1940 and the Joint Economic
Control 1940:
AND WHEREAS provision was made by the East Africa (High
Commission) Orders in Council 1947-1961, the East African Common
Services Organisation Agreements 1961- 1966, and the Treaty for East
African Co-operation 1967 for the establishment respectively, of the
East Africa High Commission, the East African Common Services
Organisation and the East African Community as successive joint
organisations of the said countries to control and administer certain
matters of common interest and to regulate the commercial and
industrial relations and transactions between the said countries and by
means of a central legislature to enact on behalf of the said countries
laws relevant to the purposes of the said joint organisations:
AND WHEREAS in 1977 the Treaty for East African Co-operation
establishing the East African Community was officially dissolved, the

oint organisations:
AND WHEREAS in 1977 the Treaty for East African Co-operation
establishing the East African Community was officially dissolved, the

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
main reasons contributing to the collapse of the East African Community
being lack of strong political will, lack of strong participation of the
private sector and civil society in the co-operation activities, the
continued disproportionate sharing of benefits of the Community
among the Partner States due to their differences in their levels of
development and lack of adequate policies to address this situation:
AND WHEREAS upon the dissolution of the East African
Community the said countries signed on the 14th day of May, 1984,
at Arusha, in Tanzania the East African Community Mediation
Agreement 1984, hereinafter referred to as “the Mediation Agreement”
for the division of the assets and liabilities of the former East African
Community:
AND WHEREAS pursuant to Article 14.

as “the Mediation Agreement”
for the division of the assets and liabilities of the former East African
Community:
AND WHEREAS pursuant to Article 14.

02 of the Mediation
Agreement the said countries agreed to explore and identify areas for
future co-operation and to make arrangements for such co-operation:
AND WHEREAS on the 30th day of November 1993, provision
was made by the Agreement for the Establishment of a Permanent
Tripartite Commission for Co-operation between the United Republic
of Tanzania, The Republic of Kenya and the Republic of Uganda for
the establishment of the Permanent Tripartite Commission for Co-
operation hereinafter referred to as “the Tripartite Commission” to be
responsible for the coordination of economic, social, cultural, security
and political issues among the said countries and a Declaration was
also made by the Heads of State of the said countries for closer East
African Co-operation:
AND WHEREAS on 26th day of November, 1994 provision was
made by the Protocol on the Establishment of a Secretariat of the
Permanent Tripartite Commission for Co- operation between the
United Republic of Tanzania, the Republic of Kenya and the Republic
of Uganda for the establishment of the Secretariat of the Permanent
Tripartite Commission for Co-operation between the United Republic
of Tanzania, the Republic of Kenya and the Republic of Uganda to act
as the Secretariat of the Tripartite Commission, hereinafter referred to
as “the Secretariat of the Tripartite Commission”:
AND WHEREAS on the 29th day of April 1997 at Arusha in
Tanzania, the Heads of State of the said countries after reviewing the
progress made by the Tripartite Commission, in the development of
closer co-operation between the said countries in the fiscal, monetary,
immigration, infrastructure and service fields and after approving the
East African Co-operation Development Strategy for the period 1997-
2000, directed the Tripartite Commission to embark on negotiations for
the upgrading of the Agreement establishing the Tripartite Commission
into a Treaty:
AND WHEREAS the said countries, with a view to strengthening
their co-operation are resolved to adhere themselves to the fundamental
and operational principles that shall govern the achievement of the

engthening
their co-operation are resolved to adhere themselves to the fundamental
and operational principles that shall govern the achievement of the

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
objectives set out herein and to the principles of international law
governing relationships between sovereign states:
AND WHEREAS the said countries, with a view to realising a fast
and balanced regional development are resolved to creating an enabling
environment in all the Partner States in order to attract investments
and allow the private sector and civil society to play a leading role in
the socio-economic development activities through the development
of sound macro-economic and sectoral policies and their efficient
management while taking cognizance of the developments in the world
economy as contained in the Marrakesh Agreement Establishing the
World Trade Organisation, 1995 referred to “as the WTO agreement”
and as may be decided by the Partner States, the development of
technological capacity for improved productivity:
AND WHEREAS the said countries desire to foster and to promote
greater awareness of the shared interests of their people:
AND WHEREAS the said countries are resolved to act in concert to
achieve the objectives set out hereinbefore:
NOW THEREFORE the United Republic of Tanzania, the Republic
of Kenya and the Republic of Uganda:
DETERMINED to strengthen their economic, social, cultural,
political, technological and other ties for their fast balanced and
sustainable development by the establishment of an East African
Community, with an East African Customs Union and a Common
Market as transitional stages to and integral parts thereof, subsequently
a Monetary Union and ultimately a Political Federation:
CONVINCED that co-operation at the subregional and regional
levels in all fields of human endeavour will raise the standards of living
of African peoples, maintain and enhance the economic stability, foster
close and peaceful relations among African states and accelerate the
successive stages in the realisation of the proposed African Economic
Community and Political Union:
AGREE AS FOLLOWS-
CHAPTER I
INTERPRETATION
Article 1
Interpretation
1.

the realisation of the proposed African Economic
Community and Political Union:
AGREE AS FOLLOWS-
CHAPTER I
INTERPRETATION
Article 1
Interpretation
1.

In this Treaty, except where the context otherwise requires-
“Act of the Community” means an Act of the Community accordance
with this Treaty;
“Assembly” means the East African Legislative Assembly established by
article 9 of this Treaty;
“Attorney General” means the Attorney General of a Partner State;

means the East African Legislative Assembly established by
article 9 of this Treaty;
“Attorney General” means the Attorney General of a Partner State;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

book may be reproduced or distributed without permission of OAG.175
THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
“Audit Commission” means the audit commission established by article
134 of this Treaty;
“Bill” means a Bill of the East African Legislative Assembly;
“civil society” means a realm of organised social life that is voluntary,
self generating, self-supporting, autonomous from the state, and
bound by a legal set of shared rules;
“Clerk of the Assembly” means the Clerk of the East African Legislative
Assembly appointed under article 48 of this Treaty;
“common carrier” includes a person or an undertaking engaged in
the business of providing services for the carriage of goods and
passengers for hire and operating as such under the laws of a Partner
State;
“common external tariff ” means an identical rate of tariff imposed on
goods imported from third countries;
“Common Market” means the Partner States’ markets integrated into
a single market in which there is free movement of capital, labour,
goods and services;
“common standard travel document” means a passport or any other
valid travel document establishing the identity of the holder, issued
by or on behalf of the Partner State of which he or she is a citizen and
shall also include inter-state passes;
“Community” means the East African Community established by
Article 2 of this Treaty;
“Contracting Parties” means the Republic of Uganda, the Republic of
Kenya and the United Republic of Tanzania;
“co-operation” includes the undertaking by the Partner States in
common, jointly or in concert, of activities undertaken in furtherance
of the objectives of the Community as provided for under this Treaty
or under any contract or agreement made thereunder or in relation
to the objectives of the Community;
“Co-ordination Committee” means the Co-ordination committee
established by Article 9 of this Treaty;
“Council” means the Council of Ministers of the Community established
by Article 9 of this Treaty;
“Counsel to the Community” means the Counsel to the Community
provided for under Article 69 of this Treaty;
“countervailing duty” means a specific duty levied for purposes of
offsetting a subsidy bestowed directly or indirectly upon the
manufacture, production or export of that product;
“Court” means the East African Court of Justice established by Article
9 of this Treaty;
“customs clearing agent” means a person who is licensed in any of
the Partner States to provide a service at a fee, in connection with
documentation and customs clearance of import and export of
consignments of goods;

he Partner States to provide a service at a fee, in connection with
documentation and customs clearance of import and export of
consignments of goods;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
“designated airline” means an airline which has been designated and
authorised by a competent authority of a Partner State to operate
the agreed services;
“duty drawback” means a refund of all or part of any excise or import
duty paid in respect of goods confirmed to have been exported or
used in a manner or for a purpose prescribed as a condition for
granting duty drawback;
“East African Industrial Development Strategy” means the strategy
provided for under Article 80 of this Treaty;
“East African Law Reports” means the published reports of the
judgments of the former Court of Appeal for East Africa and the
High Courts of Uganda, Kenya and Tanzania;
“East African Trade Regime” means a trade regime provided for under
Article 74 of this Treaty;
“elected member” means an elected member of the Assembly elected
under Article 50 of this Treaty;
“environment” means the natural resources of air, water, soil, fauna and
flora, eco-systems, land, the man-made physical features, cultural
heritage, the characteristic aspects of the landscape and the socio-
economic interaction between the said factors and any living and
non-living organisms;
“equitable distribution of benefits” means fair and proportionate
distribution of benefits;
“financial year” means the financial year referred to under article 132
of this Treaty;
“foreign country” means any country other than a Partner State;
“freight forwarder” means a person engaged at a fee, either as an
agent for other transport operators or on his own account, in the
management of transport services and related documentation;
“Gazette” means the Official Gazette of the Community;
“gender” means the role of women and men in society;
“Head of Government” means a person designated as such by a Partner
State’s Constitution;
“Head of State” means a person designated as such by a Partner State’s
constitution;
“import” with its grammatical variations and cognate expressions
means to bring or cause to be brought into the territories of the
Partner States from a foreign country;
“indigenous entrepreneur” means a citizen who is a business person of
a Partner State but who does not possess a foreign nationality;
“institutions of the Community” means the institutions of the
Community established by Article 9 of this Treaty;
“international standards” means standards that are adopted by
international standardizing or standards organisations made
available to the public;

ty;
“international standards” means standards that are adopted by
international standardizing or standards organisations made
available to the public;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
“Judge” means a Judge of the Court serving on the First Instance
Division or the Appellate Division;
“judgment” shall where appropriate include a ruling, an opinion, an
order, a directive or a decree of the Court;
“Minister” in relation to a Partner State, means a person appointed as
a Minister of the Government of that Partner State and any other
person, however entitled, who, in accordance with any law of that
Partner State, acts as or performs the functions of a Minister in that
State;
“multimodal transport” means the transport of goods and services from
one point to another by two or more modes of transport on the basis
of a single contract issued by the person organising such services
and while such person assumes responsibility for the execution of
the whole operation and also includes any other similar equipment
or facility which may hereafter be used;
“multimodal transport facilities” includes items such as heavy lift
swinging devices, twin deck cranes, grantry cranes, elevators, large
carriers, mechanised storage, low loaders, access facilities, low
profile straddle carriers, mobile cranes, container gantry cranes,
side loaders, heavy duty forklifts, heavy duty tractors, heavy duty
trailers, portable ramps, flat wagon (flats) for containers, low tare
special user wagons and trucks for containers, pallets, webslings for
pre-slung cargoes for different commodities and any other similar
equipment or facility which may hereinafter be used;
“National Assemblies” with its grammatical variation and cognate
expression means the national legislatures however designated of
the Partner States;
“non-tariff barriers” means administrative and technical requirements
imposed by a Partner State in the movement of goods;
“organs of the Community” means the organs of the Community
established by Article 9 of this Treaty;
“other charges of equivalent effect” means any tax, surtax, levy or charge
imposed on imports and not on like locally produced products but
does not include fees and similar charges commensurate with the
cost of services rendered;
“Partner States” means the United Republic of Tanzania, the Republic
of Kenya and the Republic of Uganda and any other country granted
membership to the Community under Article 3 of this Treaty;
“person” means a natural or legal person;
“principle of asymmetry” means the principle which addresses variances
in the implementation of measures in an economic integration
process for purposes of achieving a common objective;
“principle of complementarity” means the principle which defines the
extent to which economic variables support each other in economic
activity;

tive;
“principle of complementarity” means the principle which defines the
extent to which economic variables support each other in economic
activity;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
“principle of subsidiarity” means the principle which emphasises multi-
level participation of a wide range of participants in the process of
economic integration;
“principle of variable geometry” means the principle of flexibility
which allows for progression in co-operation among a subgroup of
members in a larger integration scheme in a variety of areas and at
different speeds;
“private sector” means the part of the economy that is not owned or
directly controlled by a state;
“protocol” means any agreement that supplements, amends or qualifies
this Treaty;
“Registrar” means the Registrar of the Court appointed under Article
45 of this Treaty;
“safeguard measures” means the measures taken by any Partner State as
provided under Articles 78 and 88 of this Treaty as the case may be;
“salary” and “terms and conditions of service” include wages, overtime
pay, salary and wage structures, leave, passages, transport for leave
purposes, pensions and other retirement benefits, redundancy
and severance payments, hours of duty, grading of posts, medical
arrangements, housing, arrangements for transport and travelling
on duty, and allowances;
“Secretariat” means the Secretariat of the Community established by
Article 9 of this Treaty;
“Secretary General” means the Secretary General of the Community
provided for under Article 67 of this Treaty;
“Sectoral Committees” means Sectoral Committees established by
Article 20 of this Treaty;
“Sectoral Council” means the Sectoral Council provided for under
Article 14 of this Treaty;
“shipping agent” means a local representative of a shipping company;
“Speaker of the Assembly” means the Speaker of the Assembly provided
for under Article 53 of this Treaty;
“subsidy” means a financial contribution by Government or any public
body within the territory of a Partner State or where there is any
form of income or price support in the sense of Article XVI of
GATT 1994;
“Summit” means the Summit established by Article 9 of this Treaty;
“surviving institutions of the former East African Community” means
the East African Civil Aviation Academy, Soroti, the East African
Development Bank, the East African School of Librarianship and
the Inter-University Council for East Africa;
“telecommunications” means any form of transmission, emission or
reception signal, writing, images and sounds or intelligence of any
nature by wire, radio, optical or other electro-magnetic systems;

ion, emission or
reception signal, writing, images and sounds or intelligence of any
nature by wire, radio, optical or other electro-magnetic systems;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
“trade procedure” means activities related to the collection, presentation,
processing and dissemination of data and information, concerning
all activities constituting international trade;
“Treaty” means this Treaty establishing the East African Community
and any annexes and protocols thereto. 2. In this Treaty, a reference to a law or protocol shall be construed as
reference to the law or protocol as from time to time amended, added
to or repealed. CHAPTER II
ESTABLISHMENT AND PRINCIPLES OF THE COMMUNITY
Article 2
Establishment of the Community
1. By this Treaty the Contracting Parties establish among themselves an
East African Community hereinafter referred to as “the Community”. 2.

ommunity
1. By this Treaty the Contracting Parties establish among themselves an
East African Community hereinafter referred to as “the Community”. 2.

In furtherance of the provisions of paragraph 1 of this Article and
in accordance with the protocols to be concluded in this regard, the
Contracting Parties shall establish an East African Customs Union and
a Common market as transitional stages to and integral parts of the
Community. Article 3
Membership of the Community
1. The members of the Community, in this Treaty referred to as “the
Partner States”, shall be the Republic of Uganda, the Republic of Kenya
and the United Republic of Tanzania and any other country granted
membership to the Community under this Article. 2. The Partner States may, upon such terms and in such manner as they
may determine together negotiate with any foreign country the granting
of membership to, or association of that country with, the Community
or its participation in any of the activities of the Community. 3.

y the granting
of membership to, or association of that country with, the Community
or its participation in any of the activities of the Community. 3.

Subject to paragraph 4 of this Article, the matters to be taken into
account by the Partner States in considering the application by a foreign
country to become a member of, be associated with, or participate in any
of the activities of the Community, shall include that foreign country’s:
(a) Acceptance of the Community as set out in this Treaty;
(b) adherence to universally acceptable principles of good
governance, democracy, the rule of law, observance of human
rights and social justice;
(c) potential contribution to the strengthening of integration
within the East African region;

of law, observance of human
rights and social justice;
(c) potential contribution to the strengthening of integration
within the East African region;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(d) geographical proximity to and inter-dependence between it
and the Partner States;
(e) establishment and maintenance of a market driven economy;
and
(f) social and economic policies being compatible with those of
the Community. 4. The conditions and other considerations that shall govern the
membership or association of a foreign country with the Community
or its participation in any of the activities of the Community shall be as
those prescribed in this Article. 5. The granting of observer status with respect to the Community shall:
(a) In case of a foreign country, be the prerogative of the Summit;
and
(b) in case of an inter-governmental organization or civil society
organisation, be the prerogative of the Council. 6. The procedure to be followed with respect to the foregoing provisions
of this Article shall be prescribed by the Council. Article 4
Legal Capacity of the Community
1.

be followed with respect to the foregoing provisions
of this Article shall be prescribed by the Council. Article 4
Legal Capacity of the Community
1.

The Community shall have the capacity, within each of the Partner
States, of a body corporate with perpetual succession, and shall have
power to acquire, hold, manage and dispose of land and other property,
and to sue and be sued in its own name. 2. The Community shall have power to perform any of the functions
conferred upon it by this Treaty and to do all things, including
borrowing, that are necessary or desirable for the performance of those
functions. 3. The Community shall, as a body corporate, be represented by the
Secretary General. Article 5
Objectives of the Community
1. The objectives of the Community shall be to develop policies and
programmes aimed at widening and deepening co-operation among
the Partner States in political, economic, social and cultural fields,
research and technology, defence, security and legal and judicial affairs,
for their mutual benefit. 2.

litical, economic, social and cultural fields,
research and technology, defence, security and legal and judicial affairs,
for their mutual benefit. 2.

In pursuance of the provisions of paragraph 1 of this Article,
the Partner States undertake to establish among themselves and in
accordance with the provisions of this Treaty, a Customs Union, a
Common Market, subsequently a Monetary Union and ultimately a
Political Federation in order to strengthen and regulate the industrial
commercial, infrastructural, cultural, social, political and other

ltimately a
Political Federation in order to strengthen and regulate the industrial
commercial, infrastructural, cultural, social, political and other

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
relations of the Partner States to the end that there shall be accelerated,
harmonious and balanced development and sustained expansion of
economic activities, the benefit of which shall be equitably shared. 3.

be accelerated,
harmonious and balanced development and sustained expansion of
economic activities, the benefit of which shall be equitably shared. 3.

For purposes set out in paragraph 1 of this Article and as subsequently
provided in particular provisions of this Treaty, the Community shall
ensure:
(a) The attainment of sustainable growth and development of
the Partner States by the promotion of a more balanced and
harmonious development of the Partner States;
(b) the strengthening and consolidation of co-operation
in agreed fields that would lead to equitable economic
development within the Partner States and which would in
turn, raise the standard of living and improve the quality of
life of their populations;
(c) the promotion of sustainable utilisation of the natural
resources of the Partner States and the taking of measures
that would effectively protect the natural environment of the
Partner States;
(d) the strengthening and consolidation of the long standing
political economic, social, cultural and traditional lies and
associations between the peoples of the Partner States so as
to promote a people-centred mutual development of these
ties and associations;
(e) the mainstreaming of gender in all its endeavours and
the enhancement of the role of women in cultural, social,
political, economic and technological development;
(f) the promotion of peace, security, and stability within, and
good neighbourliness among, the Partner States;
(g) the enhancement and strengthening of partnerships with the
private sector and civil society in order to achieve sustainable
socio-economic and political development; and
(h) the undertaking of such other activities calculated to further
the objectives of the Community, as the Partner States may
from time to time decide to undertake in common.

uch other activities calculated to further
the objectives of the Community, as the Partner States may
from time to time decide to undertake in common.

Article 6
Fundamental Principles of the Community
The fundamental principles that shall govern the achievement of the
objectives of the Community by the Partner States shall include:
(a) Mutual trust, political will and sovereign equality;
(b) peaceful co-existence and good neighbourliness;
(c) peaceful settlement of disputes;
(d) good governance including adherence to the principles of
democracy, and rule of law, accountability, transparency,
social justice, equal opportunities, gender equality, as well

adherence to the principles of
democracy, and rule of law, accountability, transparency,
social justice, equal opportunities, gender equality, as well

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
as the recognition, promotion and protection of human
and peoples rights in accordance with the provisions of the
African Charter on Human and Peoples’ Rights;
(e) equitable distribution of benefits; and
(f) co-operation for mutual benefit. Article 7
Operational Principles of the Community
1.

Peoples’ Rights;
(e) equitable distribution of benefits; and
(f) co-operation for mutual benefit. Article 7
Operational Principles of the Community
1.

The principles that shall govern the practical achievement of the
objectives of the include:
(a) People-centred and market-driven co-operation;
(b) the provision by the Partner States of an adequate and
appropriate enabling environment, such as conducive
policies and basic infrastructure;
(c) the establishment of an export oriented economy for the
Partner States in which there shall be free movement of
goods, persons, labour, services, capital, information and
technology;
(d) the principle of subsidiarity with emphasis on multi-level
participation and the involvement of a wide range of stake-
holders in the process of integration;
(e) the principle of variable geometry which allows for
progression in co-operation among groups within the
Community for wider integration schemes in various fields
and at different speeds;
(f) the equitable distribution of benefits accruing or to be
derived from the operations of the Community and measures
to address economic imbalances that may arise from such
operations;
(g) the principle of complementarity; and
(h) the principle of asymmetry. 2.

sures
to address economic imbalances that may arise from such
operations;
(g) the principle of complementarity; and
(h) the principle of asymmetry. 2.

The Partner States undertake to abide by the principles of good
governance, including adherence to the principles of democracy, the
rule of law, social justice and the maintenance of universally accepted
standards of human rights. Article 8
General Undertaking as to Implementation
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;

conditions favourable for the development and
achievement of the objectives of the Community and the
implementation of the provisions of this Treaty;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(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 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.

egislation, 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 III
ESTABLISHMENT OF THE ORGANS AND
INSTITUTIONS OF THE COMMUNITY
Article 9
Establishment of the Organs and Institutions of the Community
1.

. CHAPTER III
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;

There are hereby established as organs of the Community:
(a) the Summit;
(b) the Council;
(c) the Co-ordination Committee;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(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.

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 IV
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.

munity. 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.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
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.

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.

e 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.

s 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.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER V
THE COUNCIL
Article 13
Membership of the Council
The Council shall consist of the Ministers responsible for regional co-
operation of each Partner State and such other Ministers of the Partner
States as each Partner State may determine. The Council shall consist of:
(a) the Minister responsible for East African Community affairs
of each Partner State;
(b) such other Ministers 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.

mplementation 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

bers, 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

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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
Meeting 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.

Meeting 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.

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 and
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

es and
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

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
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 VI
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 affairs in each
Partner State and such other Permanent Secretaries of the Partner
States as each Partner State may determine.

r East African Community affairs 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
the Treaty. Article 19
Meetings of the Co-ordination Committee
1. Subject to any directions which may be given by the Council, the Co-
ordination 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.

ch 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 the Permanent Secretaries
responsible for East African Community affairs in each Partner State.

of the office of
Chairperson among its members who are the Permanent Secretaries
responsible for East African Community affairs in each Partner State.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER VII
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.

cil 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 Co-ordination 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 VIII
THE AFRICAN COURT OF JUSTICE
Article 23
Role of the Court
1.

proper discharge of
their functions and shall determine their own procedure. CHAPTER VIII
THE 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.

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.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
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.

tance 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. There shall be a President and a Vice-President of the Court who
shall be appointed by the Summit from among the Judges appointed
under paragraph 1 of the Article:
Provided that the President and the Vice-President of the Court were
not recommended for appointment by the same Partner State. 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.

ion 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 the Vice President, the Principal Judge and the
Deputy Principal Judge, shall not be nationals of the same Partner State. 7. The President shall:

and the Vice President, the Principal Judge and the
Deputy Principal Judge, shall not be nationals of the same Partner State. 7. The President shall:

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(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. 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.

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.

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; or
(b) in the case of a Judge who also holds judicial office or other
public office in a Partner State-

to perform
the functions of his or her office; or
(b) in the case of a Judge who also holds judicial office or other
public office in a Partner State-

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(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.

r 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.

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
(c) the Judge is acquitted of an offence referred to in
paragraph l(d) by a court of competent jurisdiction in a
Partner State. 3. The tribunal appointed under paragraph 1(a) of this Article shall
consist of three eminent Judges drawn from within the Commonwealth
of Nations. 4. At any time when the President of the Appellate Division, or the
Principal Judge of the First Instance Division of the Court is for any
reason to perform the functions of his or her office, those functions
shall be performed by the Vice-President or the Deputy Principal Judge,
as the case may be.

erform the functions of his or her office, those functions
shall be performed by the Vice-President or the Deputy Principal Judge,
as the case may be.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
5. The procedure for filling vacancies in the Court shall be prescribed
in rules of the Court. 6. If a Judge is directly or indirectly interested in a case before the
Court, and if he considers that the nature of his interest is such that it
would be prejudicial for him to take part in that case, such a Judge shall,
if in the First Instance Division, make a report to the Principal Judge,
or, if in the Appellate Division, make a report to the President, and if
the President or Principal Judge considers the Judge’s interest in the
case prejudicial, the President or Principal Judge, as the case may be,
shall make a report to the Chairperson of the Summit, and the Summit
shall appoint a temporary Judge to act for that case only in place of the
substantive Judge. 7.

eport to the Chairperson of the Summit, and the Summit
shall appoint a temporary Judge to act for that case only in place of the
substantive Judge. 7.

If the President or Principal Judge of the Court is directly or indirectly
interested in a case before the Court he or she shall, if he or she considers
that the nature of his or her interest is such that it would be prejudicial
for him or her to take part in that case, make a report to the Chairperson
of the Summit and the Summit shall appoint a temporary President or
Principal Judge of the Court to act as President or Principal Judge of
the Court for that case only in place of the substantive President or
Principal Judge of the Court. Article 27
Jurisdiction of the Court
1. The Court shall initially have jurisdiction over the interpretation and
application of this Treaty:
Provided that the Court’s jurisdiction to interpret under this paragraph
shall not include the application of any such interpretation to
jurisdiction conferred by the Treaty on organs of Partner States. 2. The Court shall have such other original, appellate, human rights
and other jurisdiction as will be determined by the Council at a suitable
subsequent date. To this end, the Partner States shall conclude a protocol
to operationalise the extended jurisdiction. Article 28
Reference by partner states
1.

date. To this end, the Partner States shall conclude a protocol
to operationalise the extended jurisdiction. Article 28
Reference by partner states
1.

A Partner State which considers that another Partner State or an
organ or institution of the Community has failed to fulfil an obligation
under this Treaty or has infringed a provision of this Treaty, may refer
the matter to the Court for adjudication. 2. A Partner State may refer for determination by the Court, the legality
of any Act, regulation, directive, decision or action on the ground that
it is ultra vires or unlawful or an infringement of the provisions of this
Treaty or any rule of law relating to its application or amounts to a
misuse or abuse of power.

unlawful or an infringement of the provisions of this
Treaty or any rule of law relating to its application or amounts to a
misuse or abuse of power.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 29
Reference by the Secretary-General
1. Where the Secretary General considers that a Partner State has failed
to fulfil an obligation under this Treaty or has infringed a provision of
this Treaty, the Secretary General shall submit his or her findings to the
Partner State concerned for that Partner State to submit its observations
on the findings. 2. If the Partner State concerned does not submit its observations to the
Secretary General within four months, or if the observations submitted
are unsatisfactory, the Secretary General shall refer the matter to the
Council which shall decide whether the matter should be referred by
the Secretary General to the Court immediately or be resolved by the
Council. 3. Where a matter has been referred, to the Council under the provisions
of paragraph 2 of this Article and the Council fails to resolve the matter,
the Council shall direct the Secretary General to refer the matter to the
Court.

agraph 2 of this Article and the Council fails to resolve the matter,
the Council shall direct the Secretary General to refer the matter to the
Court.

Article 30
Reference by legal and natural Persons
1. Subject to the provisions of Article 27 of this Treaty, any person who
is resident in a Partner State may refer for determination by the Court,
the legality of any Act, regulation, directive, decision or action of a
Partner State or an institution of the Community on the grounds that
such Act, regulation, directive, decision or action is unlawful or is an
infringement of the provisions of this Treaty. 2. The proceedings provided for in this Article shall be instituted within
two months of the enactment, publication, directive, decision or action
complained of, or in the absence thereof; of the day in which it came to
the knowledge of the complainant, as the case may be. 3.

, decision or action
complained of, or in the absence thereof; of the day in which it came to
the knowledge of the complainant, as the case may be. 3.

The Court shall have no jurisdiction under this Article where an Act,
regulation, directive, decision or action has been reserved under this
Treaty to an institution of a Partner State
Article 31
Disputes between the community and its employees
The Court shall have jurisdiction to hear and determine disputes
between the Community and its employees that arise out of the terms
and conditions of employment of the employees of the Community or
the application and interpretation of the staff rules and regulations and
terms and conditions of service of the Community.

loyees of the Community or
the application and interpretation of the staff rules and regulations and
terms and conditions of service of the Community.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 32
Arbitration clauses and special agreement
The Court shall have jurisdiction to hear and determine any matter:
(a) Arising from an arbitration clause contained in a contract
or agreement which confers such jurisdiction to which the
Community or any of its institutions is a party; or
(b) arising from a dispute between the Partner States regarding
the Treaty if the dispute is submitted to it under a special
agreement between the Partner States concerned; or
(c) arising from an arbitration clause contained in a commercial
contract or agreement in which the parties have conferred
jurisdiction on the Court. Article 33
Jurisdiction of National Courts
1. Except where jurisdiction is conferred on the Court by this Treaty,
dispute to which the Community is a party shall not on that ground
alone, be excluded from the jurisdiction of the national courts of the
Partner States. 2.

e to which the Community is a party shall not on that ground
alone, be excluded from the jurisdiction of the national courts of the
Partner States. 2.

Decisions of the Court on the interpretation and application of this
Treaty shall have precedence over decisions of national courts on a
similar matter. Article 34
Preliminary rulings of National Courts
Where a question is raised before any court or tribunal of a Partner
State concerning the interpretation or application of the provisions of
this Treaty or the validity of the regulations, directives, decisions or
actions of the Community, that court or tribunal shall, if it considers
that a ruling on the question is necessary to enable it to give judgment,
request the Court to give a preliminary ruling on the question. Article 35
Judgement of the Court
1. The Court shall consider and determine every reference made to it
pursuant to this Treaty in accordance with rules of the Court and shall
deliver in public session, a reasoned judgment:
Provided that if the Court considers that in the special circumstances of
the case it is undesirable that its judgment be delivered in open court,
the Court may make an order to that effect and deliver its judgement
before the parties privately.

rable that its judgment be delivered in open court,
the Court may make an order to that effect and deliver its judgement
before the parties privately.

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2. The Court shall deliver one judgement only in respect of every
reference to it, which shall be the judgement of the Court reached in
private by majority verdict:
Provided that a Judge may deliver a dissenting judgment. 3. An application for review of a judgement may be made to the Court
only if it is based upon the discovery of some fact which by its nature
might have had a decisive influence on the judgment if it had been
known to the Court at the time the judgement was given, but which
fact, at that time, was unknown to both the Court and the party making
the application, and which could not, with reasonable diligence, have
been discovered by that party before the judgment was made, or on
account of some mistake, fraud or error on the face of the record or
because an injustice has been done.

hat party before the judgment was made, or on
account of some mistake, fraud or error on the face of the record or
because an injustice has been done.

Article 35A
Appeals
An appeal from the judgment or any order of the First Instance Division
of the Court shall lie to the Appellate Division on-
(a) points of law;
(b) grounds of lack of jurisdiction; or
(c) procedural irregularity. Article 36
Advisory opinions of the Court
1. The Summit, the Council or a Partner State may request the Court
to give an advisory opinion regarding a question of law arising from
this Treaty which affects the Community, and the Partner State, the
Secretary General or any other Partner State shall in the case of every
such request have the right to be represented and take part in the
proceedings. 2. A request for an advisory opinion under paragraph 1 of this Article
shall contain an exact statement of the question upon which an opinion
is required and shall be accompanied by all relevant documents likely
to be of assistance to the Court. 3.

ement of the question upon which an opinion
is required and shall be accompanied by all relevant documents likely
to be of assistance to the Court. 3.

Upon the receipt of the request under paragraph 1 of this Article, the
Registrar shall immediately give notice of the request, to all the Partner
States, and shall notify them that the Court shall be prepared to accept,
within a time fixed by the President of the Court, written submissions,
or to hear oral submissions relating to the question. 4. In the exercise of its advisory function, the Court shall be governed
by this Treaty and rules of the Court relating to references of disputes to
the extent that the Court considers appropriate.

e Court shall be governed
by this Treaty and rules of the Court relating to references of disputes to
the extent that the Court considers appropriate.

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Article 37
Appearance before the Court
1. Every party to a dispute or reference before the Court may be
represented by an advocate entitled to appear before a superior court of
any of the Partner States appointed by that party. 2. The Counsel to the Community shall be entitled to appear before the
Court in any matter in which the Community or any of its institutions is
a party or in respect of any matter where the Counsel to the Community
thinks that such an appearance would be desirable. Article 38
Acceptance of judgments of the Court
1. Any dispute concerning the interpretation or application of this
Treaty or any of the matters referred to the Court pursuant to this
Chapter shall not be subjected to any method of settlement other than
those provided for in this Treaty. 2.

ers referred to the Court pursuant to this
Chapter shall not be subjected to any method of settlement other than
those provided for in this Treaty. 2.

Where a dispute has been referred to the Council or the Court, the
Partner States shall refrain from any action which might be detrimental
to the resolution of the dispute or might aggravate the dispute. 3. A Partner State or the Council shall take, without delay, the measures
required to implement a judgment of the Court. Article 39
Interim orders
The Court may, in a case referred to it, make any interim orders or issue
any directions which it considers necessary or desirable. Interim orders
and other directions issued by the Court shall have the same effect ad
interim as decisions of the Court. Article 40
Intervention
A Partner State, the Secretary General or a resident of a Partner State
who is not a party to a case before the Court may, with leave of the
Court, intervene in that case, but the submissions of the intervening
party shall be limited to evidence supporting or opposing the arguments
of a party to the case. Article 41
Proceedings
1. The quorum for deliberations of the Court shall be prescribed in
rules of the Court. 2. The proceedings before the Court shall be either written or oral.

quorum for deliberations of the Court shall be prescribed in
rules of the Court. 2. The proceedings before the Court shall be either written or oral.

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3. The record of each hearing shall be signed by the President or Vice-
President of the Court and shall be kept and maintained by the Registrar. Article 42
Rules of the Court and oaths of office
1. The Court shall make rules of the Court which shall, subject to the
provisions of this Treaty, regulate the detailed conduct of the business
of the Court. 2. The Secretary General shall prepare the oath and declarations that
the Judges and the Registrar of the Court shall take before the Summit
upon their appointment or make upon entering into their duties. Article 43
Immunity of the judges and the holding of other offices
1. The Judges of the Court shall be immune from legal action for any act
or commission committed in the discharge of their judicial functions
under this Treaty. 2.

of the Court shall be immune from legal action for any act
or commission committed in the discharge of their judicial functions
under this Treaty. 2.

Judge of the Court shall neither hold any political office or any office
in the service of a Partner State or the Community nor engage in any
trade, vocation or profession that is likely to interfere or create a conflict
of interest to his or her position. Article 44
Execution of judgments
The execution of a judgment of the Court which imposes a pecuniary
obligation on a person shall be governed by the rules of civil procedure
in force in the Partner State in which execution is to take place. The order
for execution shall be appended to the judgment of the Court which
shall require only the verification of the authenticity of the judgment by
the Registrar, whereupon the party in whose favour execution is to take
place, may proceed to execute the judgment. Article 45
Registrar of the Court and other staff
1. The Council shall appoint a Registrar of the Court from among
citizens of the Partner States qualified to hold such high judicial office
in their respective Partner States. 2. The Court shall employ such other staff as may be required to enable
it to perform its functions and who shall hold office in the service of
the Court. 3.

Court shall employ such other staff as may be required to enable
it to perform its functions and who shall hold office in the service of
the Court. 3.

The salary and other conditions of service of the Registrar and other
staff of the Court shall be determined by the Council.

The salary and other conditions of service of the Registrar and other
staff of the Court shall be determined by the Council.

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4. Notwithstanding the provisions of paragraph 1 of this Article the
Registrar shall be responsible to the President of the Court for the day to day
administration of the business of the Court. The Registrar shall also carry
out the duties imposed upon him by this Treaty and rules of the Court. Article 46
Official language of the Court
The official language of the Court shall be English. Article 47
Seat of the Court
The Seat of the Court shall be determined by the Summit. CHAPTER IX
THE EAST AFRICAN LEGISLATIVE ASSEMBLY
Article 48
Membership of the Assembly
1.

urt
The Seat of the Court shall be determined by the Summit. CHAPTER IX
THE EAST AFRICAN LEGISLATIVE ASSEMBLY
Article 48
Membership of the Assembly
1.

The membership of the Assembly shall comprise:
(a) nine members elected by each Partner; and
(b) five ex-officio members consisting of:
(i) the Minister responsible for East African Community
affairs from each Partner State; and
(ii) the Assistant Minister or Deputy Minister or Minister
of State responsible for East African Community affairs
from each Partner State:
Provided that an Assistant Minister, Deputy Minister or Minister of
State may only participate in the meetings of the Assembly when the
substantive Minister responsible for East African Community affairs is
for any reason unable to participate; and
(iii) the Secretary General and the Counsel to the Community. Article 49
Functions of the Assembly
1. The Assembly shall be the legislative organ of the Community. 2. The Assembly:
(a) shall liaise with the National Assemblies of the Partner States
on matters relating to the Community;
(b) shall debate and approve the budget of the Community;
(c) shall consider annual reports on the activities of the
Community, annual audit reports of the Audit Commission
and any other reports referred to it by the Council;

r annual reports on the activities of the
Community, annual audit reports of the Audit Commission
and any other reports referred to it by the Council;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(d) shall discuss all matters pertaining to the Community and
make recommendations to the Council as it may deem
necessary for the implementation of the Treaty;
(e) may for purposes of carrying out its functions, establish
any committee or committees for such purposes as it deems
necessary;
(f) shall recommended to the Council the appointment of the
Clerk and other officers of the Assembly; and
(g) shall make its rules of procedure and those of its committees. 3. The Assembly may perform any other functions as are conferred
upon it by the Treaty. Article 50
Election of members of the Assembly
1.

committees. 3. The Assembly may perform any other functions as are conferred
upon it by the Treaty. Article 50
Election of members of the Assembly
1.

The National Assembly of each Partner State shall elect, not from
among its members, nine members of the Assembly, who shall represent
as much as it is feasible, the various political parties represented in
the National Assembly, shades of opinion, gender and special interest
groups in that Partner State, in accordance with such procedure as the
National assembly of each Partner State may determine. 2. A person shall be qualified to be elected a member of the Assembly by
the National Assembly of a Partner State in accordance with paragraph
1 of this Article if such a person:
(a) is a citizen of that Partner State;
(b) is qualified to be elected a member of the National Assembly
of that Partner State under its Constitution;
(c) is not holding office as a Minister in that Partner State;
(d) is not an officer in the service of the Community; and
(e) has proven experience or interest in consolidating and
furthering the aims and the objectives of the Community. Article 51
Tenure of office of elected members
1. Subject to this Article, an elected member of the Assembly shall hold
office for five years and be eligible for re-election for a further term of
five years. 2.

this Article, an elected member of the Assembly shall hold
office for five years and be eligible for re-election for a further term of
five years. 2.

The terms and conditions of service of the Members of the Assembly
shall be determined by the Summit on the recommendation of the
Council. 3. An elected member of the Assembly shall vacate his or her seat in the
Assembly upon the happening of any of the following events:
(a) upon the delivery of his or her resignation in writing to the
Speaker of the Assembly;
(b) upon his or her ceasing to be qualified for election as an
elected member;

ry of his or her resignation in writing to the
Speaker of the Assembly;
(b) upon his or her ceasing to be qualified for election as an
elected member;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(c) upon his or her election or nomination as a member of the
National Assembly of a Partner State;
(d) upon his or her appointment as a Minister in the Government
of a Partner State;
(e) upon his or her having been absent from the Assembly for
such period and in such circumstances as are prescribed by
the rules of procedure of the Assembly; or
(f) upon his or her conviction by a Court of competent
jurisdiction of an offence and sentenced to imprisonment
for a term exceeding six months and if no appeal has been
preferred against such a decision. Article 52
Questions as to membership of the Assembly
1. Any question that may arise whether any person is an elected member
of the Assembly or whether any seat on the Assembly is vacant shall
be determined by the institution of the Partner State that determines
questions of the election of members of the National Assembly
responsible for the election in question. 2.

tution of the Partner State that determines
questions of the election of members of the National Assembly
responsible for the election in question. 2.

The National Assembly of the Partner States shall notify the Speaker
of the Assembly of every determination made under paragraph 1 of this
Article. Article 53
Speaker of the Assembly
1. The Speaker of the Assembly shall be elected on rotational basis by
the elected members of the Assembly from among themselves to serve
for a period of five years. 2. The Speaker of the Assembly shall vacate his or her office:
(a) upon the expiry of the period for which he or she was elected;
(b) if he or she delivers his or her resignation in writing to the
elected members; or
(c) if he or she ceases to be qualified for election as Speaker of
the Assembly. 3. The Speaker of the Assembly may be removed from office by a
resolution supported by not less than two thirds majority of the elected
members for inability to perform the functions of his or her office,
whether arising from infirmity of mind or body or for misconduct. Article 54
Invitation of persons to assist the Assembly
1. The Speaker of the Assembly, may invite any person to attend the
Assembly, notwithstanding that he or she is not a member of the

ssist the Assembly
1. The Speaker of the Assembly, may invite any person to attend the
Assembly, notwithstanding that he or she is not a member of the

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Assembly, if in his or her opinion the business before the Assembly
renders his or her presence desirable. 2. The rules of procedure of the Assembly shall make provisions for
a person so invited to take part in the proceedings of the Assembly
relating to the matters in respect of which he or she was invited. Article 55
Meetings of the Assembly
1. The meetings of the Assembly shall be held at such times and places
as the Assembly may appoint. 2. Subject to the provisions of paragraph 1 of this Article, the Assembly
shall meet at least once in every year at Arusha in the United Republic
of Tanzania and at a time to be determined by the Assembly. Article 56
Presiding in the Assembly
There shall preside at any sitting of the Assembly:
(a) the Speaker of the Assembly; or
(b) in the absence of the Speaker of the Assembly, such elected
member of the Assembly as the elected members may elect
for the sitting. Article 57
Quorum and vacancies in the Assembly
1.

the Assembly, such elected
member of the Assembly as the elected members may elect
for the sitting. Article 57
Quorum and vacancies in the Assembly
1.

Subject to this Article, the rules of procedure of the Assembly shall
make provision as to the number and composition of the elected
members that shall constitute a quorum of the Assembly. 2. In reckoning the number of members who are present for the
purposes of paragraph 1 of this Article, the person presiding shall not
be taken into account. 3. The Assembly may transact business notwithstanding that there is a
vacancy among its members, and the attendance or participation of any
person not entitled to attend or participate in the proceedings of the
Assembly shall not invalidate those proceedings. Article 58
Voting in the Assembly
1. All questions proposed for decision in the Assembly shall be
determined by a majority of the votes of the members present and
voting. 2. The ex-officio members of the Assembly shall not be entitled to vote
in the Assembly.

by a majority of the votes of the members present and
voting. 2. The ex-officio members of the Assembly shall not be entitled to vote
in the Assembly.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
3. When in the absence of the Speaker of the Assembly a member is
presiding in the Assembly, the member presiding shall retain his or her
right to vote. 4. If the votes of the members are equally divided upon any motion
before the Assembly, the motion shall be lost. Article 59
Bills and motions in the Assembly
1. Subject to the rules of procedure of the Assembly, any member may
propose any motion or introduce any Bill in the Assembly:
Provided that a motion which does not relate to the functions of the
Community shall not be proposed in the Assembly, and a Bill which
does not relate to a matter with respect to which Acts of the Community
may be enacted shall not be introduced into the Assembly. 2.

and a Bill which
does not relate to a matter with respect to which Acts of the Community
may be enacted shall not be introduced into the Assembly. 2.

The Assembly shall not:
(a) proceed on any Bill, including an amendment to any Bill,
that, in the opinion of the person presiding, makes provision
for any of the following purposes:
(i) for the imposition of any charge upon any fund of the
Community;
(ii) for the payment, issue or withdrawal from any fund of
the Community of any moneys not charged thereon or
the increase in the amount of any such payment, issue or
withdrawal;
(iii) for the remission of any debt due to the Community; or
(b) proceed upon any motion, including any amendment to a
motion, the effect of which, in the opinion of the person
presiding, would be to make provision for any of the said
purposes. 3.

ng any amendment to a
motion, the effect of which, in the opinion of the person
presiding, would be to make provision for any of the said
purposes. 3.

In addition to the provisions of paragraphs 1 and 2 of this Article:
(a) the Council shall publish annually and present to a meeting
of the Assembly a general report on the activities of the
Community and which the Assembly shall consider at its
meeting;
(b) the Assembly may by a majority of votes cast request the
Council to submit any appropriate proposals on matters
on which it considers that action is required on the part of
the Community for purpose of implementing this Treaty;
and
(c) the Assembly shall hold an annual debate on the report to
be submitted to it by the Council on progress made by the
Community in the development of its common foreign and
security policies.

e on the report to
be submitted to it by the Council on progress made by the
Community in the development of its common foreign and
security policies.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 60
Rules of procedure of the Assembly
The Assembly may make, amend, add to or revoke rules governing the
procedure of the Assembly. Article 61
Powers, privileges and immunities of the Assembly and its members
1. The Members of the Assembly shall be immune from legal action for
any acts of omission or commission in the discharge of their functions
under this Treaty. 2. The Community may, for the orderly and effective discharge of the
business of the Assembly, enact legislation for the powers, privileges
and immunities of the Assembly, its Committees and members. Article 62
Acts of the Community
1. The enactment of legislation of the Community shall be effected by
means of Bills passed by the Assembly and assented to by the Heads of
State, and every Bill that has been duly passed and assented to shall be
styled an Act of the Community. 2.

e Assembly and assented to by the Heads of
State, and every Bill that has been duly passed and assented to shall be
styled an Act of the Community. 2.

When a Bill has been duly passed by the Assembly the Speaker of the
Assembly shall submit the Bill to the Heads of State for assent. 3. Every Bill that is submitted to the Heads of State under paragraph 2
of the Article shall contain the following words of enactment:
Enacted by the East African Community and assented to by the Heads
of State. Article 63
Assent to Bills
1. The Heads of State may assent to or withhold assent to a Bill of the
Assembly. 2. A Bill that has not received assent as provided for in paragraph 1 of
this Article within three months from the date on which it was passed
by the Assembly shall be referred back to the Assembly, giving reasons,
and with a request that the Bill or a particular provision thereof be
reconsidered by the Assembly. 3. If the Assembly discusses and approves the Bill, the Bill shall be
resubmitted to the Heads of State for assent. 4. If a Head of State withholds assent to re-submitted Bill, the Bill shall
lapse.

ll, the Bill shall be
resubmitted to the Heads of State for assent. 4. If a Head of State withholds assent to re-submitted Bill, the Bill shall
lapse.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 64
Publication of Acts of the Community
The Secretary General shall cause every Act of the Community to be
published in the Gazette.

.E. 2023]
Article 64
Publication of Acts of the Community
The Secretary General shall cause every Act of the Community to be
published in the Gazette.

Article 65
Relations between the Assembly and the National Assemblies of the Partner
States
In pursuance of the policy of the Community of popular participation
in the achievement of its objectives and so that the Council may be
able to take into account in the exercise of its functions, the opinion
of the general public in the Partner States on matters relating to the
achievement of the objectives of the Community as expressed through
the debates of the elected members of their National Assemblies, and
those of the Assembly and to foster co-operation between the Assembly
and the National Assemblies of the Partner State hereinafter referred to
as “the National Assemblies”:
(a) the Clerk of the Assembly shall as soon as practicable
transmit to the Clerks of the National Assemblies copies
of the records of all relevant debates of the meetings of
the Assembly to be laid before the National Assemblies,
by the respective Ministers responsible for East African
Community affairs;
(b) the Clerk of the Assembly shall as soon as practicable transmit
to the Clerks of the National Assemblies copies of the Bills
introduced into the Assembly and Acts of the Community to
be laid before the National Assemblies for information;
(c) the Clerks of the National Assemblies shall as soon as
practicable transmit to the Clerk of the Assembly copies
of the records of all relevant debates of the meetings of
their National Assemblies other than those with respect
to the matters laid before their National Assemblies in
pursuance of the provisions of subparagraph (1) of this
paragraph; and
(d) the Clerk of the Assembly shall as soon as practicable
transmit to the Secretary General copies of all the records
of debate referred to in subparagraphs (a) and (b) of this
paragraph for information to the Council.

o the Secretary General copies of all the records
of debate referred to in subparagraphs (a) and (b) of this
paragraph for information to the Council.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER X
THE SECRETARIAT AND STAFF OF THE COMMUNITY
Article 66
Establishment of the Secretariat
1. The Secretariat shall be the executive organ of the Community. 2. There shall be the following offices in the services of the Community:
(a) Secretary-General;
(b) Deputy Secretaries-General;
(c) Counsel to the Community; and
(d) such other offices as may be deemed necessary by the
Council. Article 67
Secretary-General
1. The Secretary-General shall be appointed by the Summit upon
nomination by the relevant Head of State under the principle of rotation. 2. Upon the appointment of the Secretary-General the Partner State
from which he or she is appointed shall forfeit the post of Deputy
Secretary General. 3.

on the appointment of the Secretary-General the Partner State
from which he or she is appointed shall forfeit the post of Deputy
Secretary General. 3.

The Secretary-General shall be the principal executive officer of the
Community and shall:
(a) be the head of the Secretariat;
(b) be the Accounting Officer of the Community;
(c) be the Secretary of the Summit; and
(d) carry out such other duties as are conferred upon him by this
Treaty or by the Council from time to time. 4. The Secretary-General shall serve a fixed five year term. 5. The terms and conditions of service of the Secretary-General shall be
determined by the Council and approved by the Summit. Article 68
Deputy Secretaries-General
1. The Council shall determine the number of Deputy Secretaries-
General. 2. The Deputy Secretaries-General shall be appointed by the Summit on
recommendations of the Council and on a rotational basis. 3. The Deputy Secretaries-General shall:
(a) deputise for the Secretary-General; and
(b) perform such other duties as may be prescribed by the
Council. 4. The Deputy Secretaries-General shall each serve a three year term,
renewable once.

) perform such other duties as may be prescribed by the
Council. 4. The Deputy Secretaries-General shall each serve a three year term,
renewable once.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
5. The terms and conditions of service of the Deputy Secretaries General
shall be determined by the council and approved by the Summit. Article 69
Counsel to the community
1. There shall be a Counsel to the Community who shall be the principal
legal adviser to the Community. 2. The Counsel to the Community shall perform such duties as are
conferred upon him or her by this Treaty and by the Council. 3. The Counsel to the Community shall be appointed on contract
and in accordance with the staff rules and regulations and terms and
conditions of service of the Community. 4. The other terms and conditions of service of the Counsel to the
Community shall be determined by the Council. Article 70
Other officers and staff of the Secretariat
1. There shall be such other officers and staff in the service of the
Community as the Council may determine. 2.

officers and staff of the Secretariat
1. There shall be such other officers and staff in the service of the
Community as the Council may determine. 2.

All staff of the Secretariat shall be appointed on contract and in
accordance with staff rules and regulations and terms and conditions of
service of the Community. 3. The salaries, job design and other terms and conditions of service of
the staff in the service of the Community shall be determined by the
Council. Article 71
Functions of the Secretariat
1. The Secretariat shall be responsible for:
(a) initiating, receiving and submitting recommendations to the
Council, and forwarding of Bills to the Assembly through the
Co-ordination committee;
(b) the initiation of studies and research related to, and the
implementation of, programmes for the most appropriate,
expeditious and efficient ways of achieving the objectives of
the Community;
(c) the strategic planning, management and monitoring of
programmes for the development of the Community;
(d) the undertaking either on its own initiative or otherwise, of
such investigations, collection of information, or verification
of matters relating to any matter affecting the Community
that appears to it to merit examination;

gations, collection of information, or verification
of matters relating to any matter affecting the Community
that appears to it to merit examination;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

book may be reproduced or distributed without permission of OAG.208
THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
(e) the co-ordination and harmonisation of the policies and
strategies relating to the development of the Community
through the Co-ordination Committee;
(f) the general promotion and dissemination of information on
the Community to the stakeholders, the general public and
the international community;
(g) the submission of reports on the activities of the Community
to the Council through the Co-ordination Committee;
(h) the general administration and financial management of the
Community;
(i) the mobilisation of funds from development partners and
other sources for the implementation of projects of the
Community;
(j) subject to the provisions of this Treaty, the submission of the
budget of the Community to the Council for its consideration;
(k) proposing draft agenda for the meetings of the organs of the
Community other than the Court and the Assembly;
(l) the implementation of the decisions of the Summit and the
Council;
(m) the organisation and the keeping of records of meetings of
the institutions of the Community other than those of the
Court and the Assembly;
(n) the custody of the property of the Community;
(o) the establishment of practical working relations with the
Court and the Assembly; and
(p) such other matters that may be provided for under this
Treaty.

e establishment of practical working relations with the
Court and the Assembly; and
(p) such other matters that may be provided for under this
Treaty.

2. For the purposes of paragraph 1 of this Article, the Secretary-
General shall where he or she thinks it appropriate, act on behalf of the
Secretariat. 3. The Deputy Secretaries-General shall assist the Secretary-General in
the discharge of his or her functions. 4. The Counsel to the Community shall be the principal legal adviser
to the Community in connection with matters pertaining to this Treaty
and the Community and he or she shall by virtue of this paragraph
be entitled to appear in the Courts of the Partner States in respect of
matters pertaining to the Community and this Treaty. Article 72
Relationship between the Secretariat and the Partner States
1. In the performance of their functions, the staff of the Community
shall not seek or receive instructions from any Partner State or from any
other authority external to the Community. They shall refrain from any
actions which may adversely reflect on their position as international
civil servants and shall be responsible only to the Community.

refrain from any
actions which may adversely reflect on their position as international
civil servants and shall be responsible only to the Community.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
2. A Partner State shall not, by or under any law of that Partner
State, confer any power or impose any duty upon an officer, organ or
institution of the Community as such, except with the prior consent of
the Council. 3. Each Partner State undertakes to respect the international character
of the responsibilities of the institutions and staff of the Community
and shall not seek to influence them in the discharge of their functions. 4. The Partner States agree to co-operate with and assist the Secretariat
in the performance of its functions as set out in Article 71 of this Treaty
and agree in particular to provide any information which the Secretariat
may request for the purpose of discharging its functions. Article 73
Immunities
1.

gree in particular to provide any information which the Secretariat
may request for the purpose of discharging its functions. Article 73
Immunities
1.

Persons employed in the service of the Community:
(a) shall be immune from civil process with respect to omissions
or acts performed by them in their official capacity; and
(b) shall be accorded immunities from immigration restrictions
and alien registration. 2. Experts or consultants rendering services to the Community
and delegates of the Partner States while performing services to the
Community or while in transit in the Partner States to perform the
services of the Community shall be accorded such immunities and
privileges in the Partner States as the Council may determine. CHAPTER XI
CO-OPERATION IN TRADE LIBERALISATION
AND DEVELOPMENT
Article 74
East African trade regime
In order to promote the achievement of the objectives of the Community
as set out in Article 5 of this Treaty, and in furtherance of Article 2 of
this Treaty, the Partner States shall develop and adopt an East African
Trade Regime and co-operate in trade liberalization and development
in accordance therewith. Article 75
Establishment of a Customs Union
1.

st African
Trade Regime and co-operate in trade liberalization and development
in accordance therewith. Article 75
Establishment of a Customs Union
1.

For purposes of this Chapter, the Partner States agree to establish a
Customs Union details of which shall be contained in a Protocol which
shall, inter alia, include the following:

he Partner States agree to establish a
Customs Union details of which shall be contained in a Protocol which
shall, inter alia, include the following:

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(a) The application of the principle of asymmetry;
(b) The elimination of internal tariffs and other charges of
equivalent effect;
(c) The elimination of non-tariff barriers;
(d) Establishment of a common external tariff;
(e) Rules of origin;
(f) Dumping;
(g) Subsidies and countervailing duties;
(h) Security and other restrictions to trade;
(i) Competition;
(j) Duty drawback, refund and remission of duties and taxes;
(k) Customs co-operation;
(l) Re-exportation of goods; and
(m) Simplification and harmonisation of trade documentation
and procedures. 2. The establishment of the Customs Union shall be progressive in the
course of a transitional period as shall be determined by the Council. 3. For purposes of this Article, the Council may establish and counter
powers and authority upon such institutions as it may deem necessary
to administer the Customs Union. 4.

rticle, the Council may establish and counter
powers and authority upon such institutions as it may deem necessary
to administer the Customs Union. 4.

With effect from a date to be determined by the Council, the Partner
States shall not impose any new duties and taxes or increase existing
ones in respect of products trade within the Community and shall
transmit to the Secretariat all information on any tariffs for study by the
relevant institutions of the Community. 5. Except as may be provided for or permitted under this Treaty, the
Partner States agree to remove all the existing non-tariff barriers on
the importation into their territory of goods originating from the other
Partner States and thereafter to refrain from imposing any further non-
tariff barriers. 6. The Partner States shall refrain from enacting legislation or applying
administrative measures which directly or indirectly discriminate
against the same or like products of other Partner States. 7. For purposes of this Article, the Partner States shall within a period
of four years conclude the Protocol on the Establishment of a Customs
Union. Article 76
Establishment of a Common Market
1. There shall be established a Common Market among the Partner
States.

Establishment of a Customs
Union. Article 76
Establishment of a Common Market
1. There shall be established a Common Market among the Partner
States.

Within the Common Market, and subject to the Protocol
provided for in paragraph 4 of this Article, there shall be free movement
of labour, goods, services, capital, and the right of establishment. 2. The establishment of the Common Market shall be progressive and in
accordance with schedules approved by the Council.

d the right of establishment. 2. The establishment of the Common Market shall be progressive and in
accordance with schedules approved by the Council.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
3. For purposes of this Article, the Council may establish and confer
powers and authority upon such institutions as it may deem necessary
to administer the Common Market. 4. For the purposes of this Article, the Partner States shall conclude a
Protocol on a Common Market. Article 77
Measures to address imbalances arising from the
application of the provisions for the establishment of a Customs Union and
a Common Market
For purposes of this Article, the Partner States shall within the
framework of the Protocols provided for under Articles 75 and 76 of
this Treaty, take measures to address imbalances that may arise from
the application of the provisions of this Treaty. Article 78
Safeguard clause
1.

this Treaty, take measures to address imbalances that may arise from
the application of the provisions of this Treaty. Article 78
Safeguard clause
1.

In the event of serious injury occurring to the economy of a Partner
State following the application of the provisions of this Chapter, the
Partner State concerned shall, after informing the Council through the
Secretary General and the other Partner States, take necessary safeguard
measures. 2. The Council shall examine the method and effect of the application
of existing safeguard measure and take decisions thereon. CHAPTER XII
CO-OPERATION IN INVESTMENT AND
INDUSTRIAL DEVELOPMENT
Article 79
Industrial development
In order to promote the achievement of the objectives of the Community
as set out in Article 5 of this Treaty, the Partner States shall take steps in
the field of industrial development that will:
(a) promote self-sustaining and balanced industrial growth;
(b) improve the competitiveness of the industrial sector so
as to enhance the expansion of trade in industrial goods
within the Community and the export of industrial goods
from the Partner States in order to achieve the structural
transformation of the economy that would foster the overall
socio-economic development in the Partner States; and
(c) encourage the development of indigenous entrepreneurs.

economy that would foster the overall
socio-economic development in the Partner States; and
(c) encourage the development of indigenous entrepreneurs.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 80
Strategy and priority areas
1.

ermission of OAG.212
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Article 80
Strategy and priority areas
1.

For purposes of Article 79 of this Treaty, the Partner States shall take
measures to:
(a) develop an East African Industrial Development Strategy;
(b) promote linkages among industries within the Community
through diversification, specialisation and complementarity,
in order to enhance the spread effects of industrial growth
and to facilitate the transfer of technology;
(c) facilitate the development of:
(i) small-and-medium scale industries including
subcontracting and other relations between larger and
smaller firms;
(ii) basic capital and intermediate goods industries for the
purposes of obtaining the advantages of economies of
scale; and
(iii) food and agro-industries;
(d) rationalise investments and the full use of established
industries so as to promote efficiency in production;
(e) promote industrial research and development and the
transfer, acquisition, adoption and development of modern
technology, training, management and consultancy services
through the establishment of joint industrial institutions and
other infrastructural facilities;
(f) harmonise and rationalise investment incentives including
those relating to taxation of industries particularly those that
use local materials and labour with a view to promoting the
Community as a single investment area;
(g) disseminate and exchange industrial and technological
information;
(h) avoid double taxation; and
(i) maintain the standardisation, quality assurance, metrology
and testing currently applicable and such other standards
as may be adopted by the Council after the signing of this
Treaty for goods and services produced and traded among
the Partner States pending the conclusion of a protocol
under paragraph 4 of article 81 of this Treaty.

r goods and services produced and traded among
the Partner States pending the conclusion of a protocol
under paragraph 4 of article 81 of this Treaty.

2. The Partners States shall take such other measures for the purposes of
Article 79 of this Treaty as the Council may determine.

2. The Partners States shall take such other measures for the purposes of
Article 79 of this Treaty as the Council may determine.

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CHAPTER XIII
CO-OPERATION IN STANDARDISATION, QUALITY
ASSURANCE, METROLOGY AND TESTING
Article 81
Standardisation, quality assurance, metrology and testing
1. The Partner States agree that standardisation, quality assurance,
metrology and testing can facilitate sustainable modernisation in the
Community. 2. The Partner States also recognise the significance of standardisation,
quality assurance, metrology and testing in the enhancement of the
standard of living, reduction of unnecessary variety of products, the
facilitation of interchangeability of products, the promotion of trade
and investment, consumer protection, the enhancement of savings in
public and private purchasing, improved productivity, the facilitation of
information exchange, the promotion of health as well as the protection
of life, property, and the environment. 3.

d productivity, the facilitation of
information exchange, the promotion of health as well as the protection
of life, property, and the environment. 3.

The Partner States undertake to evolve and apply a common policy
for the standardisation, quality assurance, metrology and testing of
goods and services produced and traded within the Community. 4. The Partner States agree to conclude a protocol on Standardisation,
Quality Assurance. Metrology and Testing for the goods and services
produced and traded in the Community. CHAPTER XIV
MONETARY AND FINANCIAL CO-OPERATION
Article 82
Scope of co-operation
1. In order to promote the achievement of the objectives of the
Community as set out in Article 5 of this Treaty, the Partner States
undertake to co-operate in monetary and fiscal matters in accordance
with the approved macro-economic policies harmonisation
programmes and convergence framework of the Community in order to
establish monetary stability within the Community aimed at facilitating
economic integration efforts and the attainment sustainable economic
development of the Community. To this end, the Partner States shall:
(a) co-operate in monetary and financial matters and maintain
the convertibility of their currencies as a basis for the
establishment of a Monetary Union;

co-operate in monetary and financial matters and maintain
the convertibility of their currencies as a basis for the
establishment of a Monetary Union;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(b) harmonise their macro-economic policies especially in
exchange rate policy, interest rate policy, monetary and fiscal
policies; and
(c) remove obstacles to the free movement of goods, services
and capital within the Community. 2. The Partner States shall in order to implement the provisions of
paragraph 1 of this Article, inter alia:
(a) maintain the existing convertibility of their currencies to
promote the use of national currencies in the settlement
of payments for all transactions among the Partner States
thereby economising on the use of foreign currency;
(b) take measures that would facilitate trade and capital
movement within the Community;
(c) develop, harmonise and eventually integrate the financial
systems of the Partner States; and
(d) implement the provisions of this Treaty relating to monetary
and financial co-operation. Article 83
Monetary and fiscal policy harmonization
1.

nd
(d) implement the provisions of this Treaty relating to monetary
and financial co-operation. Article 83
Monetary and fiscal policy harmonization
1.

The Partner States undertake to adopt policy measures in accordance
with an agreed macro-economic policy framework. 2. For the purposes of paragraph 1 of this Article, the Partner States
undertake to:
(a) Remove all exchange restrictions on imports and exports
within the Community;
(b) maintain free market determined exchange rates and
enhance the levels of their international reserves;
(c) adjust their fiscal policies and net domestic credit to the
government to ensure monetary stability and the achievement
of sustained economic growth;
(d) liberalise their financial sectors by freeing and deregulating
interest rates with a view to achieving positive real interest
rates in order to promote savings for investment within the
Community and to enhance competition and efficiency in
their financial systems; and
(e) harmonise their tax policies with a view to removing tax
distortions in order to bring about a more efficient allocation
of resources within the Community. Article 84
Macro-economic co-ordination within the community
1. The Partner States shall co-ordinate through the Council their
macro-economic policies and economic reform programmes

dination within the community
1. The Partner States shall co-ordinate through the Council their
macro-economic policies and economic reform programmes

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
with a view to promoting the socio-economic development of the
Community. 2. In order to achieve balanced development within the Community,
the Partner States undertake to evolve policies designed to improve
their resource and production base. Article 85
Banking and capital market development
The Partner States undertake to implement within the Community,
a capital market development programme to be determined by the
Council and shall create a conducive environment for the movement
of capital within the Community.

arket development programme to be determined by the
Council and shall create a conducive environment for the movement
of capital within the Community.

To this end, the Partner States shall:
(a) take steps to achieve wider monetisation of the region’s
economics under a liberalised market economy;
(b) harmonise their banking Acts;
(c) harmonise capital market policies on cross-border listing,
foreign portfolio investors, taxation of capital market
transactions, accounting, auditing and financial reporting
standards, procedures for setting commissions and other
charges;
(d) harmonise the regulatory and legislative frameworks and
regulatory structures;
(e) harmonise and implement common standards for market
conduct;
(f) harmonise policies impacting on capital markets, particularly
the granting of incentives for the development of capital
markets within the region;
(g) promote co-operation among the stock-exchanges and
capital markets and securities regulators within the region
through mutual assistance and the exchange of information
and training;
(h) promote the establishment of a regional stock exchange
within the Community with trading floors in each of the
Partner States;
(i) ensure adherence by their appropriate national authorities
to harmonised stock trading systems, the promotion of
monetary instruments and to permitting residents of the
Partner States to acquire and negotiate monetary instruments
freely within the Community;
(j) establish within the Community a cross listing of stocks, a
rating system of listed companies and an index of trading
performance to facilitate the negotiation and sale of shares
within and external to the Community; and
(k) institute measures to prevent money laundering activities.

facilitate the negotiation and sale of shares
within and external to the Community; and
(k) institute measures to prevent money laundering activities.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 86
Movement of capital
The Partner States shall in accordance with the time table to be
determined by the Council, permit the free movement of capital within
the Community, develop, harmonise and eventually integrate their
financial systems. In this regard, the Partner States shall:
(a) ensure the unimpeded flow of capital within the Community
through the removal of controls on the transfer to capital
among the Partner States;
(b) ensure that the citizens of and persons resident in a Partner
State are allowed to acquire stocks, shares and other securities
or to invest in enterprises in the other Partner States; and
(c) encourage cross-border trade in financial instruments. Article 87
Joint project financing
1. The Partner States undertake to co-operate in financing projects
jointly in each other’s territory, especially those that facilitate integration
within the Community. 2.

undertake to co-operate in financing projects
jointly in each other’s territory, especially those that facilitate integration
within the Community. 2.

The Partner States undertake to co-operate in the mobilisation of
foreign capital for the financing of national and joint projects. Article 88
Safeguard measures
The Council may approve measures designed to remedy any adverse
effects a Partner State may experience by reason of the implementation
of the provisions of this Chapter, provided that such a Partner State
shall furnish to the Council proof that it has taken all reasonable steps
to overcome the difficulties, and that such measures are applied on a
non-discriminatory basis. CHAPTER XV
CO-OPERATION IN INFRASTRUCTURE AND SERVICES
Article 89
Common transport and communications policies
In order to promote the achievement of the objectives of the Community
as set out in Article 5 of this Treaty, the Partner States undertake to
evolve co-ordinated, harmonised and complementary transport and
communications policies; improve and expand the existing transport
and communication links; and establish new ones as a means of
furthering the physical cohesion of the Partner States, so as to facilitate

ng transport
and communication links; and establish new ones as a means of
furthering the physical cohesion of the Partner States, so as to facilitate

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
and promote the movement of traffic within the Community.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
and promote the movement of traffic within the Community.

To this
end, the Partner States shall take steps, inter alia, to:
(a) develop harmonised standards and regulatory laws, rules,
procedures and practices;
(b) construct, maintain, upgrade, rehabilitate and integrate
roads, railways, airports, pipelines and harbours in their
territories;
(c) review and re-design their intermodal transport systems and
develop new routes within the Community for the transport
of the type of goods and services produced in the Partner
States;
(d) maintain, expand and upgrade communication facilities to
enhance interaction between persons and businesses in the
Partner States and promote the full exploitation of the market
and investment opportunities created by the Community;
(e) grant special treatment to land-locked Partner States in
respect of the application of the provisions of this Chapter;
(f) provide security and protection to transport systems to
ensure the smooth movement of goods and persons within
the Community;
(g) take measures directed towards the harmonisation and
joint use of facilities and programmes within their existing
national institutions for the training of personnel in the field
of transport and communications; and
(h) exchange information on technological developments in
transport and Communications.

of personnel in the field
of transport and communications; and
(h) exchange information on technological developments in
transport and Communications.

Article 90
Roads and road transport
The Partner States shall:
(a) take measures to rarify or accede to international conventions
on road traffic and road signs and signals and take such steps
as may be necessary to implement these conventions;
(b) harmonise their traffic laws, regulations and highway codes
and adopt a common definition of classes of roads and route
numbering systems;
(c) harmonise the provisions of their laws concerning licensing,
equipment, markings and registration numbers of vehicles
for travel and transport within the Community;
(d) adopt common standards for vehicle construction, vehicle
inspection and vehicle inspection centres;
(e) adopt common standards and regulations for driver training
and licensing;
(f) adopt common requirements for the insurance of goods and
vehicles;

;
(e) adopt common standards and regulations for driver training
and licensing;
(f) adopt common requirements for the insurance of goods and
vehicles;

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2023]
(g) adopt common regulations governing speed limits on urban
roads and highways;
(h) adopt and establish common road safety regulations,
accident rescue, first aid, medical care and post-trauma
systems within the Community;
(i) prescribe minimum safety requirements for packaging,
loading and transporting of dangerous substances;
(j) establish common measures for the facilitation of road
transit traffic;
(k) harmonise rules and regulations concerning special transport
requiring security;
(l) adopt common rules and regulations governing the
dimensions, technical requirements, gross weight and
load per axle of vehicles used in trunk roads within the
Community;
(m) co-ordinate activities with respect to the construction of trunk
roads connecting the Partner States to common standards of
design and in the maintenance of existing networks to such
standards as will enable the carriers of other Partner States to
operate to and from their territories efficiently;
(n) co-ordinate their activities in the maintenance, rehabilitation,
upgrading and reconstruction of the trunk road networks
connecting the Partner States and ensure that such
road networks once rehabilitated will not be allowed to
disintegrate;
(o) adopt a co-ordinated approach in the implementation of
trunk road projects connecting the Partner States;
(p) agree on common policies and standards for the manufacture
and the maintenance of road transport equipment;
(q) establish common road design and construction standards
for the trunk roads connecting the Partner States and
promote the use, as much as possible, of local materials and
resources;
(r) adopt common and simplified documentation procedures for
road transportation within the Community and harmonise
road transit charges;
(s) gradually reduce and finally eliminate non-physical barriers
to road transport within the Community;
(t) ensure that common carriers from other Partner States have
the same opportunities and facilities as common carriers in
their territories in the undertaking of transport operations
within the Community;
(u) ensure that the treatment of motor transport operators
engaged in transport within the Community from other

sport operations
within the Community;
(u) ensure that the treatment of motor transport operators
engaged in transport within the Community from other

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Partner States is not less favourable than that accorded to the
operators of similar transport from their own territories;
(v) make road transport efficient and cost effective by promoting
competition and introducing regulatory framework to
facilitate the road haulage industry operations;
(w) exchange information and experience, on issues common to
roads and road transport within the Community; and
(x) encourage the use and development of low cost and
motorised transport in the Community’s transport policies. Article 91
Railways and rail transport
1. The Partner States agree to establish and maintain co-ordinated
railway services that would efficiently connect the Partner States within
the Community and where necessary, to construct additional railway
connections. 2.

y services that would efficiently connect the Partner States within
the Community and where necessary, to construct additional railway
connections. 2.

The Partner States shall, in particular:
(a) adopt common policies for the development of railways and
railway transport in the Community;
(b) make their railways more efficient and competitive through,
inter alia, autonomous management and improvement of
infrastructure;
(c) adopt common safety rules, regulations and requirements
with regard to signs, signals, rolling stock, motive power and
related equipment and the transport of dangerous substances;
(d) adopt measures for the facilitation, harmonisation and
rationalisation of railway transport within the Community;
(e) harmonise and simplify documents required for railway
transport within the Community;
(f) harmonise procedures with respect to the packaging,
marking and loading of goods and wagons for railway
transport within the Community;
(g) agree to charge non-discriminatory tariffs in respect of goods
transported by railway within the Community;
(h) consult each other on proposed measures that may affect
railway transport within the Community;
(i) integrate the operations of their railway administrations
including the synchronization of train schedules and the
operations of unit trains;
(j) establish common standards for the construction and
maintenance of railway facilities;
(k) agree on common policies for the manufacture of railway
transport equipment and railway facilities;

ruction and
maintenance of railway facilities;
(k) agree on common policies for the manufacture of railway
transport equipment and railway facilities;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(l) agree to allocate space for the storage of goods transported
by railway from each other within their goods sheds;
(m) take measures to facilitate thorough working of trains within
the Community;
(n) facilitate the deployment of railway rolling stock, motive
power and related equipment for the conveyance of goods to
and from each other without discrimination;
(o) endeavour to maintain the existing physical facilities of their
railways to such standards as will enable the Partner States
to operate their own systems within the Community in an
efficient manner;
(p) provide efficient railway transport services among the
Partner States on a non-discriminatory basis;
(q) facilitate joint utilisation of railway facilities including
manufacture, maintenance and training facilities to ensure
their optimal use; and
(r) promote co-operation in the fields of research and exchange
of information. Article 92
Civil aviation and civil air transport
1.

optimal use; and
(r) promote co-operation in the fields of research and exchange
of information. Article 92
Civil aviation and civil air transport
1.

The Partner States shall harmonise their policies on civil aviation to
promote the development of safe, reliable, efficient and economically
viable civil aviation with a view developing appropriate infrastructure,
aeronautical skills and technology as well as the rule of aviation in
support of other economic activities. 2. The Partner States shall take necessary, steps to facilitate the
establishment of joint air services and the efficient use of aircraft as steps
towards the enhancement of air transportation within the Community. 3.

establishment of joint air services and the efficient use of aircraft as steps
towards the enhancement of air transportation within the Community. 3.

The Partner States shall in particular:
(a) adopt common policies for the development of civil air
transport in the Community in collaboration with other
relevant international organisations including the African
Civil Aviation Commission (AFCAC), the African Airlines
Association (AFRAA), the International Air Transport
Association (IATA), and International Civil Aviation
Organisation (ICAO);
(b) undertake to make civil air transport services safe, efficient
and profitable through, inter alia, autonomous management;
(c) liberalise the granting of air traffic rights for passengers and
cargo operations with a view to increasing efficiency;
(d) harmonise civil aviation rules and regulations by
implementing the provisions of the Chicago Convention
on International Civil Aviation, with particular reference to
Annex 9 thereof;

nd regulations by
implementing the provisions of the Chicago Convention
on International Civil Aviation, with particular reference to
Annex 9 thereof;

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2023]
(e) establish a Unified Upper Area Control system;
(f) establish common measures for the facilitation of passenger
and cargo air services in the Community;
(g) co-ordinate the flight schedules of their designated airlines;
(h) consider ways to develop, maintain and co-ordinate
in common, their navigational, communications and
meteorological facilities for the provision of safe air
navigation and the joint management of their air space;
(i) encourage the joint use of maintenance and overhaul facilities
and other services for aircraft, ground handling equipment
and other facilities;
(j) agree to take common measures for the control and
protection of their air space of the Community;
(k) apply the ICAO policies and guidelines in determining user
charges and apply the same rules and regulations relating to
scheduled air transport services among themselves;
(l) adopt common aircraft standards and technical specifications
for the types of aircraft to be operated in the Community;
and
(m) co-ordinate measures and co-operate in the maintenance of
the high security required in respect of air services operations
and operate joint search and rescue operations.

and co-operate in the maintenance of
the high security required in respect of air services operations
and operate joint search and rescue operations.

Article 93
Maritime transport and ports
The Partner States shall:
(a) promote the co-ordination and harmonisation of their
maritime transport policies and establish a common
maritime transport policy;
(b) promote the development of efficient and profitable sea port
services through the liberalisation and commercialisation of
port operations;
(c) make rational use of existing port installations;
(d) in the case of the coastal Partner States, co-operate with the
land-locked Partner States and grant them easy access to
port facilities and opportunities to participate in provision of
port and maritime services;
(e) take measures to ratify or accede to international conventions
on maritime transport;
(f) establish a harmonious traffic organisation system for the
optimal use of maritime transport services;
(g) co-operate in the elaboration and application of measures to
facilitate the arrival, stay and departure of vessels;
(h) promote co-operation among their port authorities in the
management and operations of their ports and maritime

val, stay and departure of vessels;
(h) promote co-operation among their port authorities in the
management and operations of their ports and maritime

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

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2023]
transport so as to facilitate the efficient movement of traffic
between their territories;
(i) agree to charge non-discriminatory tariffs in respect of
goods from their territories and goods from other Partner
States, except where their goods enjoy domestic transport
subsidies, and apply the same rules and regulations in
respect of maritime transport among themselves without
discrimination;
(j) agree to allocate space on board their ships for goods
consigned to or from the territories of other Partner States;
(k) install and maintain efficient cargo handling equipment, cargo
storage facilities and general operations and train related
manpower and where feasible shall undertake these jointly;
(l) agree to allocate adequate space for the storage of goods
traded among themselves;
(m) co-ordinate measures with respect to, and co-operate in the
maintenance of, the safety of maritime transport services,
including joint search and rescue operations;
(n) provide adequate facilities with good communication
systems that would receive and respond to signals promptly;
(o) inter-connect their national communication systems so as
to identify polluted points in oceans for concerted marine
pollution control;
(p) encourage their respective national shipping lines to form
international shipping associations;
(q) review their national maritime legislation in accordance with
the existing international maritime conventions.

nternational shipping associations;
(q) review their national maritime legislation in accordance with
the existing international maritime conventions.

Article 94
Inland waterways transport
The Partner States shall:
(a) harmonise their inland waterways transport policies and
shall adopt, harmonise and simplify rules, regulations and
administrative procedures governing waterways transport
on their common navigable inland waterways;
(b) install and maintain efficient cargo handling equipment,
cargo storage facilities and general operations and train
related manpower resources and where possible shall
undertake these jointly;
(c) encourage joint use of maintenance facilities;
(d) harmonise tariffs structure for waterways transport on their
common navigable inland waterways;
(e) adopt common rules to govern the packaging, marking,
loading and other procedures for waterways transport on
their common navigable inland waterways;

adopt common rules to govern the packaging, marking,
loading and other procedures for waterways transport on
their common navigable inland waterways;

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2023]
(f) agree to charge the same tariffs in respect of goods
transported within the Community and apply the same rules
and regulations in respect of inland waterways transport
among themselves without discrimination;
(g) agree to provide space without discrimination on board
vessels registered in their territories for goods consigned to
and from their territories;
(h) wherever possible, promote co-operation among themselves
by undertaking joint ventures in inland waterways transport
including the establishment of joint shipping services;
(i) co-ordinate measures with respect to, and co-operate in the
maintenance of, safety in inland waterways transport services
including the provision and maintenance of communication
equipment to receive distress positions promptly and joint
search and rescue operations;
(j) facilitate the deployment of inland waterways vessels and
equipment for efficient conveyance of all classes of traffic to
and from each Partner State;
(k) integrate efforts to control and eradicate the water hyacinth
menace and its effects on inland waterways transport;
(l) facilitate joint studies in the use and management of inland
waterways;
(m) provide regional training and research facilities for the
promotion and development of marine operations and
meteorology;
(n) undertake joint surveying, mapping and production of
navigational charts and provision of navigational aids;
(o) facilitate provision of adequate meteorological equipment,
communication and safety facilities to vessels plying the
lakes within the Partner States;
(p) jointly tackle issues on inland water pollution with a view to
achieving effective monitoring and control thereof;
(q) jointly explore utilisation of unexploited inland waterways
transport resources and tackle matters related to shipping
and port services; and
(r) harmonise national policies on inland waterways transport.

rways
transport resources and tackle matters related to shipping
and port services; and
(r) harmonise national policies on inland waterways transport.

Article 95
Multimodal transport
The Partner States shall:
(a) harmonise and simplify regulations, goods classification,
procedures and documents required for multimodal
transport within the Community;
(b) apply uniform rules and regulations with respect to the
packaging, marking and loading of goods;

ed for multimodal
transport within the Community;
(b) apply uniform rules and regulations with respect to the
packaging, marking and loading of goods;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(c) provide where feasible, technical and other facilities for
direct transhipment of goods at main trans-shipment
points including intermodal cargo exchange points, inland
clearance depots, dry ports or inland container depots;
(d) agree to allocate multimodal transport facilities for goods
consigned to or from the Partner States;
(e) take measures to ratify or accede to international conventions
on multimodal transport and containerisation and take such
steps as may be necessary to implement them; and
(f) promote communication and information exchange to
enhance the efficiency of multimodal transport. Article 96
Freight booking centres
The Partner States shall encourage the establishment of freight booking
centres. Article 97
Freight forwarders, customs clearing agents and shipping agents
1. The Partner States shall harmonise the requirements for registration
and licensing of freight forwarders, customs clearing agents and
shipping agents. 2.

Partner States shall harmonise the requirements for registration
and licensing of freight forwarders, customs clearing agents and
shipping agents. 2.

The Partner States shall allow any person to register, and be licensed,
as a freight forwarder, customs clearing agent and shipping agent,
provided that that person fulfils the legal and customs requirements of
that Partner State. 3. The Partner States shall not restrict the commercial activities, rights
and obligations of a lawfully registered and licensed freight forwarder
or clearing agent. Article 98
Postal services
The Partner States shall harmonise their policies on postal services and
promote close co-operation between their postal administrations and
devise ways and means to achieve fast, reliable, secure, economic and
efficient services among themselves through:
(a) strengthening of postal sorting, routing, transit and
distribution centres within the Community;
(b) pooling financial, technical and human resources to
modernise, mechanise and automate mail and postal
financial services so as to provide timely and efficient services
to postal users or customers and, further introduce value-
added postal services thus turning postal outlets one-shop
for communication services;

ices
to postal users or customers and, further introduce value-
added postal services thus turning postal outlets one-shop
for communication services;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(c) adopting competitive marketing strategies to increase market
shares in the international courier services and further
introduce on-line track and trace system Electronic Data
Inter-Change (EDI) for customer information and expedited
inquiry handling systems;
(d) conducting joint market research activities with a view to
launching new postal products or services;
(e) introducing appropriate postal security systems and
procedures in the postal networks; and
(f) co-operating in the development and design of relevant
human resources training and development programmes.

procedures in the postal networks; and
(f) co-operating in the development and design of relevant
human resources training and development programmes.

Article 99
Telecommunications
The Partner States shall:
(a) adopt common telecommunications policies to be
developed within the Community in collaboration with
other relevant international organisations including
the Pan-African Telecommunications Union (PATU),
International Telecommunications Union (ITU), Regional
African Satellite Communication (RASCOM), International
Telecommunication Satellite Organisation (INTELSAT).

Telecommunications Union (ITU), Regional
African Satellite Communication (RASCOM), International
Telecommunication Satellite Organisation (INTELSAT).

International Maritime Satellite Organisation (INMARSAT),
Commonwealth Telecommunications Organisation (CTO)
and other related organisations;
(b) improve and maintain inter-connectivity and modernise
equipment to meet the common standards required
for efficient telecommunications traffic within the
Community;
(c) harmonise and apply non-discriminatory tariffs among
themselves and where possible, agree on preferential tariff
treatment applicable within the Community;
(d) co-operate and co-ordinate their activities in the maintenance
of telecommunications facilities including training and the
exchange of manpower;
(e) encourage co-operation in local manufacturing of info-
telecommunication equipment, research and development;
(f) facilitate a conducive environment to promote private sector
investors in the info-telecommunication equipment within
the Community; and
(g) adopt a common frequency management and monitoring
scheme, assign mutually agreed upon frequencies for cross-
border mobile radio communications and issue operating
licences agreed upon by the Partner States.

assign mutually agreed upon frequencies for cross-
border mobile radio communications and issue operating
licences agreed upon by the Partner States.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 100
Meteorological services
1.

t permission of OAG.226
THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 100
Meteorological services
1.

Each Partner State shall collect and disseminate to the other Partner
States meteorological information in order to facilitate the efficient
operation of air navigation, coastal shipping, inland waterways
transport and the issuing of cyclone warnings and other adverse
weather phenomena and co-operate in the following areas:
(a) expansion and upgrading of meteorological observations
network and telecommunications;
(b) training and research in meteorology, by using common
facilities such as the Regional Meteorology Training Centre
(RMTC), Drought Monitoring Centre (DMC) and other
similar institutions;
(c) provision of meteorological services which would include
the exchange of observations and products for safety of
air navigation, coastal shipping, inland waterways and
transport as well as meteorological support to key sectors
of the economy which include agriculture, water resources,
tourism and construction;
(d) support to early warning systems and remote sensing for
food security;
(e) meteorological support to environment management;
(f) harmonisation of policies for the provision of meteorological
services;
(g) co-operation in human resources development and
information exchange; and
(h) climate analysis and seasonal forecast.

of meteorological
services;
(g) co-operation in human resources development and
information exchange; and
(h) climate analysis and seasonal forecast.

2. The Partner States shall co-operate and support each other in all
activities of the World Meteorological Organisation (WMO) affecting
the interests of the Community especially the monitoring of the
atmospheric and climatic changes on the planet. 3. The Partner States shall exchange information and expertise
concerning new developments in meteorological science and technology
including the calibration and comparison of instruments. Article 101
Energy
1. The Partner States shall adopt policies and mechanisms to promote
the efficient exploitation, development, joint research and utilisation of
various energy resources available within the region. 2. For the purposes of paragraph 1 of this Article, the Partner States
shall in particular promote within the Community:

available within the region. 2. For the purposes of paragraph 1 of this Article, the Partner States
shall in particular promote within the Community:

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(a) the least cost development and transmission of electric
power, efficient exploration and exploitation of fossil fuels
and utilisation of new and renewable energy sources;
(b) the joint planning, training and research in, and the exchange
of information on the exploration, exploitation, development
and utilisation of available energy resources;
(c) the development of integrated policy on rural electrification;
(d) the development of inter-Partner State electrical grid inter-
connections;
(e) the construction of oil and gas pipelines; and
(f) all such other measures to supply affordable energy to
their people taking cognizance of the protection of the
environment as provided for by this Treaty. CHAPTER XVI
CO-OPERATION IN THE DEVELOPMENT OF HUMAN
RESOURCES, SCIENCE AND TECHNOLOGY
Article 102
Education and training
1.

vided for by this Treaty. CHAPTER XVI
CO-OPERATION IN THE DEVELOPMENT OF HUMAN
RESOURCES, SCIENCE AND TECHNOLOGY
Article 102
Education and training
1.

In order to promote the achievement of the objectives of the
Community as set out in Article 5 of the Treaty, the Partner States agree
to undertake concerted measures to foster co-operation in education
and training within the Community. 2. The Partner States shall, with respect to education and training:
(a) co-ordinate their human resources development policies and
programmes;
(b) strengthen existing and where necessary establish new
common research and training institutions;
(c) co-operate in industrial training;
(d) develop such common programmes in basic, intermediary
and tertiary education and a general programme for adult
and continuing education in the Partner States as would
promote the emergency of well trained personnel in all
sectors relevant to the aims and objectives of the Community;
(e) harmonise curricula, examination, certification and
accreditation of education and training institutions in the
Partner States through the joint action of their relevant
national bodies charged with the preparation of such
curricula;
(f) revive and enhance the activities of the Inter-University
Council for East Africa;

national bodies charged with the preparation of such
curricula;
(f) revive and enhance the activities of the Inter-University
Council for East Africa;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(g) encourage and support the mobility of students and teachers
within the Community;
(h) exchange information and experience on issues common to
the educational systems of the Partner States;
(i) collaborate in putting in place education and training
programmes for people with special needs and other
disadvantaged groups;
(j) encourage and support the participation of the private sector
in the development of human resources through education
and training; and
(k) identify and develop centres of excellence in the region
including universities. 3. For the purposes of paragraph 1 of this Article, the Partner States
shall undertake such additional activities in respect of the development
of human resources as the Council may determine. Article 103
Science and technology
1.

ertake such additional activities in respect of the development
of human resources as the Council may determine. Article 103
Science and technology
1.

Recognising the fundamental importance of science and technology
in economic development, the Partner States undertake to promote
co-operation in the development of science and technology within the
Community through:
(a) the joint establishment and support of scientific and
technological research and of institutions in the various
disciplines of science and technology;
(b) the creation of a conducive environment for the promotion
of science and technology within the Community;
(c) the encouragement of the use and development of indigenous
science and technologies;
(d) the mobilisation of technical and financial support from local
and foreign sources and from international organisations or
agencies for the development of science and technology in
the Community;
(e) the exchange of scientific information, personnel and
the promotion and publication of research and scientific
findings;
(f) the collaboration in the training of personnel in the various
scientific and technological disciplines at all levels using
existing institutions and newly established ones;
(g) the promotion, development and application of information
technology and the other new ones throughout the
Community;
(h) establishment of common ethical guidelines for research;
and

pplication of information
technology and the other new ones throughout the
Community;
(h) establishment of common ethical guidelines for research;
and

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(i) the harmonisation of policies on commercialisation of
technologies and promotion and protection of intellectual
property rights. 2. For purposes of paragraph 1 of this Article, the Partner States
shall undertake such additional activities with regard to science and
technology as the Council may determine. CHAPTER XVII
FREE MOVEMENT OF PERSONS, LABOUR, SERVICES,
RIGHT OF ESTABLISHMENT AND RESIDENCE
Article 104
Scope of co-operation
1. The Partner States agree to adopt measures to achieve the free
movement of person, labour and services and to ensure the enjoyment
of the right of establishment and residence of their citizens within the
Community. 2. For purposes of paragraph 1 of this Article, the Partner States agree to
conclude a Protocol on the Free Movement of Persons, Labour, Services
and Right of Establishment and Residence at a time to be determined
by the Council. 3.

de a Protocol on the Free Movement of Persons, Labour, Services
and Right of Establishment and Residence at a time to be determined
by the Council. 3.

The Partner States shall as may be determined by the Council:
(a) ease border crossing by citizens of the Partner States;
(b) maintain common standard travel documents for their
citizens;
(c) effect reciprocal opening of border posts and keep the posts
opened and manned for twenty four hours;
(d) maintain common employment polices;
(e) harmonise their labour policies, programmes and legislation
including those on occupational health and safety;
(f) establish a regional centre for productivity and employment
promotion and exchange information on the availability of
employment;
(g) make their training facilities available to persons from other
Partner States; and
(h) enhance the activities of the employers’ and workers’
organisations with a view to strengthening them. 4. The Partner States undertake to co-operate in the enhancement of the
social partnership between the governments, employers and employees
so as to increase the productivity of labour through efficient production.

of the
social partnership between the governments, employers and employees
so as to increase the productivity of labour through efficient production.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER XVIII
AGRICULTURE AND FOOD SECURITY
Article 105
Scope of co-operation
1. The overall objectives of co-operation in the agricultural sector are
the achievement of food security and rational agricultural production
within the Community. To this end, the Partner States undertake to
adopt a scheme for the rationalisation of agricultural production with
a view to promoting complementarity and specialisation in and the
sustainability of national agricultural programmes in order to ensure:
(a) a common agricultural policy;
(b) food sufficiency within the Community;
(c) an increase in the production of crops, livestock, fisheries
and forest products for domestic consumption, exports
within and outside the Community and as inputs to agro-
based industries within the Community; and
(d) post harvest preservation and conservation and improved
food processing. 2.

nity and as inputs to agro-
based industries within the Community; and
(d) post harvest preservation and conservation and improved
food processing. 2.

For purposes of paragraph 1 of this Article, the Partner States
undertake to cooperate in specific fields of agriculture, including:
(a) the harmonisation of agricultural policies of the Partner
States;
(b) the development of food security within the Partner States
and the Community as a whole, through the production and
supply of food stuffs;
(c) agro-meteorology and climatology to promote the
development of early climatological warning systems within
the Community;
(d) the development and application of agricultural training and
research and extension services;
(e) the adoption of internationally accepted quality standards
for food processing;
(f) the establishment of joint programmes for the control of
animal and plant diseases and pests;
(g) the marketing of food and the co-ordination of the export
and import of agricultural commodities;
(h) joint actions in combating drought and desertification; and
(i) in such other fields of agriculture as the Council may
determine.

ral commodities;
(h) joint actions in combating drought and desertification; and
(i) in such other fields of agriculture as the Council may
determine.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 106
Seed multiplication and distribution
The Partner States shall:
(a) strengthen co-operation in quality seed development and
production through research and plant breeding;
(b) support co-operation in the establishment of gene banks;
(c) enhance capacity in seed technology;
(d) initiate and maintain strategic seed reserves;
(e) harmonise quarantine policies, legislation and regulations to
ease trade in seeds; and
(f) create an enabling environment for private sector seed
multiplication and distribution.

s, legislation and regulations to
ease trade in seeds; and
(f) create an enabling environment for private sector seed
multiplication and distribution.

Article 107
Livestock multiplication and distribution
The Partner States shall:
(a) develop mechanism for co-operation in livestock breeding,
including artificial insemination institutions and livestock
breeding centres;
(b) encourage and facilitate exchange of genetic material to
widen the base of livestock development;
(c) encourage private sector participation in livestock
multiplication and distribution;
(d) develop common regulatory framework in livestock
multiplication, trade in semen, embryos, breeding stock,
drugs and vaccines; and
(e) harmonise quarantine regulations in artificial insemination
and livestock breeding centres.

emen, embryos, breeding stock,
drugs and vaccines; and
(e) harmonise quarantine regulations in artificial insemination
and livestock breeding centres.

Article 108
Plant and animal diseases control
The Partner States shall:
(a) harmonise polices, legislation and regulations for
enforcement of pests and disease control;
(b) harmonise and strengthen regulatory institutions;
(c) harmonise and strengthen zoo-sanitary and phyto-sanitary
services inspection and certification;
(d) establish regional zoo-sanitary and phyto-sanitary
laboratories to deal with diagnosis and identification of pests
and diseases;
(e) adopt common mechanism to ensure safety, efficacy and
potency of agricultural inputs including chemicals, drugs
and vaccines; and

ts
and diseases;
(e) adopt common mechanism to ensure safety, efficacy and
potency of agricultural inputs including chemicals, drugs
and vaccines; and

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(f) co-operate in surveillance, diagnosis and control strategies
of trans-boundary pests and animal diseases. Article 109
Irrigation and water catchment management
The Partner States agree to take concerted effort to expand agricultural
land through irrigation and water catchment strategies and for this
purpose, shall:
(a) co-operate in formulating and implementing national and
Community irrigation programmes;
(b) co-operate in developing and preserving traditional
irrigation systems;
(c) improve water catchment management, including rainwater
harvesting; and
(d) adopt and promote the use of environmentally safe methods
of land use.

(c) improve water catchment management, including rainwater
harvesting; and
(d) adopt and promote the use of environmentally safe methods
of land use.

Article 110
Food security
The Partner States shall:
(a) establish a mechanism for exchange of information on
demand and supply surpluses and deficits, trade, forecasting
and state of food nutrition;
(b) harmonise quality and standards of inputs and products
including food additives;
(c) develop modalities to have timely information on market
prices;
(d) harmonise food supply, nutrition and food security policies
and strategies;
(e) initiate and maintain strategic food reserves; and
(f) develop marine and inland aquaculture and fish farming. CHAPTER XIX
CO-OPERATION IN ENVIRONMENT AND
NATURAL RESOURCES MANAGEMENT
Article 111
Environmental issues and natural resources
1. The Partner States recognise that development activities may have
negative impacts on the environment leading to the degradation of the
environment and depletion of natural resources and that a clean and

ies may have
negative impacts on the environment leading to the degradation of the
environment and depletion of natural resources and that a clean and

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
healthy environment is a prerequisite for sustainable development. The
Partner States therefore:
(a) agree to take concerted measures to foster co-operation in the
joint and efficient management and sustainable utilisation of
natural resources within the Community;
(b) undertake, through environmental management strategy
to co-operate and co-ordinate their policies and actions for
the protection and conservation of the natural resources and
environment against all forms of degradation and pollution
arising from developmental activities;
(c) undertake to co-operate and adopt common policies for
control of trans-boundary movement of toxic and hazardous
waste including nuclear materials and any other undesirable
materials.

t common policies for
control of trans-boundary movement of toxic and hazardous
waste including nuclear materials and any other undesirable
materials.

(d) shall provide prior and timely notification and relevant
information to each other on natural and human activities
that may or are likely to have significant trans-boundary
environmental impacts and shall consult with each other at
an early stage; and
(e) shall develop and promote capacity building programmes
for sustainable management of natural resources. 2. Action by the Community relating to the environment shall have the
following objectives:
(a) to preserve, protect and enhance the quality of the
environment;
(b) to contribute towards the sustainability of the environment;
(c) to ensure sustainable utilisation of natural resources like
lakes, wetlands, forests and other aquatic and terrestrial
ecosystems; and
(d) to jointly develop and adopt water resources conservation
and management policies that ensure sustenance and
preservation of ecosystems. Article 112
Management of the environment
1.

ter resources conservation
and management policies that ensure sustenance and
preservation of ecosystems. Article 112
Management of the environment
1.

For purposes of Article 111 of this Treaty, the Partner States undertake
to co-operate in the management of the environment and agree to:
(a) develop a common environmental management policy that
would sustain the eco-systems of the Partner States, prevent,
arrest and reverse the effects of environmental degradation;
(b) develop special environmental management strategies to
manage fragile ecosystems, terrestrial and marine resources,
noxious emissions and toxic and hazardous chemicals;
(c) take measures to control trans-boundary air, land and water
pollution arising from developmental activities;

ns and toxic and hazardous chemicals;
(c) take measures to control trans-boundary air, land and water
pollution arising from developmental activities;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(d) take necessary disaster preparedness, management,
protection and mitigation measures especially for the control
of natural and man-made disasters. These include oil spills,
bio-hazards, floods, earthquakes, marine accidents, drought
and bush fires; and
(e) integrate environmental management and conservation
measures in all developmental activities such as trade,
transport, agriculture, industrial development mining and
tourism in the Community. 2.

rvation
measures in all developmental activities such as trade,
transport, agriculture, industrial development mining and
tourism in the Community. 2.

For purposes of paragraph 1 of this Article, the Partner States
undertake to:
(a) adopt common environment control regulations, incentives
and standards;
(b) develop capabilities and measures to undertake
environmental impact assessment of all development project
activities and programmes;
(c) encourage the manufacture and use of bio-degradable
pesticides, herbicides and packaging materials;
(d) encourage public awareness and education on the use of
agricultural and industrial chemicals and fertilisers;
(e) adopt environmentally sound management techniques
for the control of land degradation, such as soil erosion,
desertification and forest encroachment;
(f) promote the use of non-ozone depleting substances and
environmental-friendly technologies;
(g) promote and strengthen the utilisation of training facilities
and research institutions within the Community;
(h) adopt common environmental standards for the control of
atmospheric, terrestrial and water pollution arising from
urban and industrial development activities;
(i) exchange information on atmospheric, industrial and other
forms of pollution and conservation technology;
(j) harmonise their policies and regulations for the sustainable
and integrated management of shared natural resources and
ecosystems;
(k) adopt measures and policies to address the existing
demographic profiles such as high growth rates and fertility
rates, high dependency ratio, poor social conditions and
poverty in order to mitigate their adverse impact on the
environment and development;
(l) adopt community environmental management programmes;
(m) promote enhancement of the quality of the environment
through adoption of common measures and programmes

nity environmental management programmes;
(m) promote enhancement of the quality of the environment
through adoption of common measures and programmes

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
of tree planting, afforestation and reforestation, soil
conservation and recycling of materials; and
(n) adopt common policies for conservation of biodiversity
and common regulations for access to, management and
equitable utilisation of genetic resources. Article 113
Prevention of illegal trade in and movement of toxic chemicals, substances
and hazardous wastes
1. The Partner States undertake to co-operate and adopt common
positions against illegal dumping of toxic chemicals, substances and
hazardous wastes within the Community from either a Partner State or
any third party. 2. The Partner States shall harmonise their legal and regulatory
framework for the management, movement, utilisation and disposal of
toxic substances. 3. The Partner States undertake to ratify or accede to international
environmental conventions that are designed to improve environmental
policies and management. Article 114
Management of natural resources
1.

rnational
environmental conventions that are designed to improve environmental
policies and management. Article 114
Management of natural resources
1.

For purposes of Article 111 of this Treaty, the Partner States agree to
take concerted measures to foster co-operation in the joint and efficient
management and the sustainable utilisation of natural resources
within the Community for the mutual benefit of the Partner States. In
particular, the Partner States shall:
(a) take necessary measure to conserve their natural resources;
(b) co-operate in the management of their natural resources
for the conservation of the eco-systems and the arrest of
environmental degradation; and
(c) adopt common regulations for the protection of shared
aquatic and terrestrial resources. 2. For purposes of paragraph 1 of this Article, the Partner States:
(a) with regard to the conservation and management of forests,
agree to take necessary measures through:
(i) the adoption of common policies for, and the exchange
of information on, the development conservation and
management of natural forests, commercial plantations
and natural reserves;
(ii) the joint promotion of common forestry practices within
the Community;

anagement of natural forests, commercial plantations
and natural reserves;
(ii) the joint promotion of common forestry practices within
the Community;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

book may be reproduced or distributed without permission of OAG.236
THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E.

2023]
(iii) the joint utilisation of forestry training and research
facilities;
(iv) the adoption of common regulations for the conservation
and management of all catchment forests within the
Community;
(v) the establishment of uniform regulations for the
utilisation of forestry resources in order to reduce the
depletion of natural forests and avoid desertification
within the Community; and
(vi) the establishment of Api-Agro Forestry Systems;
(b) with regard to the management of their water and marine
resources, agree to co-operate through:
(i) the establishment and adoption of common regulations
for the better management and development of marine
parks, reserves, wetlands and controlled areas;
(ii) the adoption of common policies and regulations for the
conservation, management and development of fisheries
resources;
(iii) the establishment of common fisheries management and
investment guidelines for inland and marine waters;
(iv) the strengthening of regional natural resources
management bodies;
(v) the establishment of common rules of origin for flora
and fauna; and
(vi) the establishment of a body for the management of Lake
Victoria;
(c) with regard to the management of the mineral resources
sector, agree:
(i) to promote joint exploration, efficient exploitation and
sustainable utilization of shared mineral resources;
(ii) to pursue the creation of an enabling environment for
investment in the mining sector;
(iii) to promote the establishment of databases, information
exchange networks and the sharing of experiences in
the management and development of the mineral sector
using electronic mail, internet and other means for the
interactive dissemination of mineral information;
(iv) to harmonise mining regulations to ensure
environmentally friendly and sound mining practices;
(v) to adopt common policies to ensure joint fossil
exploration and exploitation along the coast and rift
valley; and
(vi) to establish a regional seismological network whose
primary objective is to monitor seismicity and advice on
mitigation measures.

ift
valley; and
(vi) to establish a regional seismological network whose
primary objective is to monitor seismicity and advice on
mitigation measures.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER XX
CO-OPERATION IN TOURISM AND
WILDLIFE MANAGEMENT
Article 115
Tourism
1. In order to promote the achievement of the objectives of the
Community as set out in Article 5 of this Treaty, the Partner States
undertake to develop a collective and co- ordinated approach to the
promotion and marketing of quality tourism into and within the
Community. To this end, the Partner States shall co-ordinate their
policies in the tourism industry and undertake to establish a framework
of co-operation in the sector that will ensure equitable distribution of
benefits. 2. The Partner States shall establish a common code of conduct
for private and public tour and travel operators, standardise hotel
classifications and harmonise the professional standards of agents in
the tourism and travel industry within the Community. 3. The Partner States undertake to develop a regional strategy for tourism
promotion whereby individual efforts are reinforced by regional action.

ty. 3. The Partner States undertake to develop a regional strategy for tourism
promotion whereby individual efforts are reinforced by regional action.

Article 116
Wildlife management
The Partner States undertake to develop a collective and co-ordinated
policy for the conservation and sustainable utilisation of wildlife and
other tourist sites in the Community. In particular, the Partner States shall:
(a) harmonise their policies for the conservation of wildlife,
within and outside protected areas;
(b) exchange information and adopt common policies on
wildlife management and development;
(c) co-ordinate efforts in controlling and monitoring
encroachment and poaching activities;
(d) encourage the joint use of training and research facilities
and develop common management plans for trans-border
protected areas; and
(e) take measures to ratify or accede to, and, implement relevant
international conventions.

on management plans for trans-border
protected areas; and
(e) take measures to ratify or accede to, and, implement relevant
international conventions.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER XXI
HEALTH, SOCIAL AND CULTURAL ACTIVITIES
Article 117
Scope of co-operation
In order to promote the achievement of the objectives of the Community
as set out in Article 5 of this Treaty, the Partner States undertake to
co-operate in health, cultural and sports and social welfare activities
within the Community.

rticle 5 of this Treaty, the Partner States undertake to
co-operate in health, cultural and sports and social welfare activities
within the Community.

Article 118
Health
With respect to co-operation in health activities, the Partner States
undertake to:
(a) take joint action towards the prevention and control of
communicable and non-communicable diseases and to
control pandemics and epidemics of communicable and
vector-borne diseases such as HIV-AIDS, cholera, malaria,
hepatitis and yellow fever that might endanger the health
and welfare of the residents of the Partner States, and to co-
operate in facilitating mass immunization and other public
health community campaigns;
(b) promote the management of health delivery systems and
better planning mechanisms to enhance efficiency of health
care services within the Partner States;
(c) develop a common drug policy which would include
establishing quality control capacities and good procurement
practices;
(d) harmonise drug registration procedures so as to achieve
good control of pharmaceutical standards without impeding
or obstructing the movement of pharmaceutical products
within the Community;
(e) harmonise national health policies and regulations and
promote the exchange of information on health issues in
order to achieve quality health within the Community;
(f) co-operate in promoting research and the development of
traditional, alternate or herbal medicines;
(g) co-operate in the development of specialised health training,
health research, reproductive health, the pharmaceutical
products and preventive medicine;
(h) promote the development of good nutritional standards and
the popularisation of indigenous foods; and

maceutical
products and preventive medicine;
(h) promote the development of good nutritional standards and
the popularisation of indigenous foods; and

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(i) develop a common approach through the education of the
general public and their law enforcement agencies for the
control and eradication of the trafficking and consumption
of illicit or banned drugs.

f the
general public and their law enforcement agencies for the
control and eradication of the trafficking and consumption
of illicit or banned drugs.

Article 119
Culture and sport
The Partner States shall promote close co-operation amongst themselves
in cultured sports, with respect to:
(a) the promotion and enhancement of diverse sports activities;
(b) the development of mass media programmes on matters that
will promote the development of culture and sports within
the Community;
(c) the promotion of cultural activities, including the fine arts,
literature, music, the arts and other artistic creations, and the
conservation, safeguarding and development of the cultural
heritage of the Partner States including, historical materials
and antiquities;
(d) the development and promotion of indigenous languages
especially Kiswahili as a lingua franca;
(e) the regulation of cross border trade in ethnographic
materials, licensing of antique dealers and adoption of a
common approach and co-operation in tackling the illicit
cross border trade in cultural property;
(f) acceding to and ratification of international conventions that
directly bear upon culture such as:
(i) the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict; and
(ii) the UNESCO Convention on the Means of Prohibition
and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property;
(g) harmonising their policies for the conservation of their
national antiquities and museums and the prevention of
illegal trade in cultural property; and
(h) any other activities aimed at promoting an East African
identity.

uities and museums and the prevention of
illegal trade in cultural property; and
(h) any other activities aimed at promoting an East African
identity.

Article 120
Social welfare
The Partner States undertake to closely co-operate amongst themselves
in the field of social welfare with respect to:
(a) employment, poverty alleviation programmes and working
conditions;

y co-operate amongst themselves
in the field of social welfare with respect to:
(a) employment, poverty alleviation programmes and working
conditions;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(b) vocational training and the eradication of adult illiteracy in
the Community; and
(c) the development and adoption of a common approach
towards the disadvantaged and marginalised groups,
including children, the youth, the elderly and persons with
disabilities through rehabilitation and provision of, among
others, foster homes, health care education and training. CHAPTER XXII
ENHANCING THE ROLE OF WOMEN IN
SOCIO-ECONOMIC DEVELOPMENT
Article 121
The role of women in socio-economic development
The Partner States recognise that women make a significant contribution
towards the process of socio-economic transformation and sustainable
growth and that it is impossible to implement effective programmes
for the economic and social development of the Partner States without
the full participation of women.

is impossible to implement effective programmes
for the economic and social development of the Partner States without
the full participation of women.

To this end, the Partner States shall
through appropriate legislative and other measures:
(a) promote the empowerment and effective integration and
participation of women at all levels of socio-economic
development especially in decision-making;
(b) abolish legislation and discourage customs that are
discriminatory against women;
(c) promote effective education awareness programmes aimed
at changing negative attitudes towards women;
(d) create or adopt technologies which will ensure the stability of
employment and professional progress for women workers;
and
(e) take such other measures that shall eliminate prejudices
against women and promote the equality of the female
gender with that of the male gender in every respect. Article 122
The role of women in business
Having recognised the importance of women as a vital economic link
between agriculture, industry and trade, the Partner States undertake
to:
(a) increase the participation of women in business at the policy
formulation and implementation levels;
(b) promote special programmes for women in small, medium
and large scale enterprises;

n business at the policy
formulation and implementation levels;
(b) promote special programmes for women in small, medium
and large scale enterprises;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(c) eliminate all laws, regulations and practices that hinder
women’s access to financial assistance including credit;
(d) initiate changes in educational and training strategies to
enable women to improve their technical and industrial
employment levels through the acquisition of transferable
skills offered by various forms of vocational and on-the-job
training schemes; and
(e) recognise and support the national and regional associations
of women in business established to promote the effective
participation of women in the trade and development
activities of the Community. CHAPTER XXIII
CO-OPERATION IN POLITICAL MATTERS
Article 123
Political affairs
1. In order to promote the achievement of the objectives of the
Community as set out in Article 5 of this Treaty particularly with
respect to the eventual establishment of a Political Federation of the
Partner States, the Partner States shall establish common foreign and
security policies. 2.

he eventual establishment of a Political Federation of the
Partner States, the Partner States shall establish common foreign and
security policies. 2.

For purposes of paragraph 1 of this Article, the Community and its
Partner States shall define and implement common foreign and security
policies. 3. The objectives of the common foreign and security policies shall be
to:
(a) safeguard the common values, fundamental interests and
independence of the Community;
(b) strengthen the security of the Community and its Partner
States in all ways;
(c) develop and consolidate democracy and the rule of law and
respect for human rights and fundamental freedoms;
(d) preserve peace and strengthen international security among
the Partner States and within the Community;
(e) promote co-operation at international fora; and
(f) enhance the eventual establishment of a Political Federation
of the Partner States. 4. The Community shall pursue the objectives set out in paragraph 3 of
this Article by:
(a) establishing systematic co-operation between the Partner
States on any matter of foreign or security policies of general
interest within the Community in order to define a common
position to be applied by the Partner States;

ter of foreign or security policies of general
interest within the Community in order to define a common
position to be applied by the Partner States;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(b) the co-ordination of the actions of the Partner States and
the upholding by them of such co-ordinated actions in
international organisations and at international conferences;
(c) the unreserved support of the Partner States of the
Community’s foreign and security policies and the avoidance
by the Partner States of any action on their part which is
contrary to the interests of the Community or is likely to
impair the effectiveness of the Community as a cohesive
force in international relations;
(d) peaceful resolution of disputes and conflicts between and
within the Partner States;
(e) the co-ordination of the defence policies of the Partner
States; and
(f) the promotion of co-operation among the National
Assemblies of the Partner States and also with the Assembly. 5.

licies of the Partner
States; and
(f) the promotion of co-operation among the National
Assemblies of the Partner States and also with the Assembly. 5.

The Council shall determine when the provisions of paragraphs 2, 3
and 4 of this Article shall become operative and shall prescribe in detail
how the provisions of this Article shall be implemented. 6. The Summit shall initiate the process towards the establishment of
a Political Federation of the Partner States by directing the Council to
undertake the process. 7. For purposes of paragraph 6 of this Article, the Summit may order a
study to be first undertaken by the Council. Article 124
Regional peace and security
1. The Partner States agree that peace and security are pre-requisites
to social and economic development within the Community and vital
to the achievement of the objectives of the Community. In this regard,
the Partner States agree to foster and maintain an atmosphere that is
conducive to peace and security through co-operation and consultations
on issues pertaining to peace and security of the Partner States with a
view to prevention, better management and resolution of disputes and
conflicts between them. 2. The Partner States undertake to promote and maintain good
neighbourliness as a basis for promoting peace and security within the
Community. 3.

hem. 2. The Partner States undertake to promote and maintain good
neighbourliness as a basis for promoting peace and security within the
Community. 3.

The Partner States shall evolve and establish regional disaster
management mechanisms which shall harmonise training operations,
technical co-operation and support in this area. 4. The Partner States undertake to establish common mechanisms for
the management of refugees. 5. The Partner States agree to enhance co-operation in the handling
of cross border crime, provision of mutual assistance in criminal
matters including the arrest and repatriation of fugitive offenders and

the handling
of cross border crime, provision of mutual assistance in criminal
matters including the arrest and repatriation of fugitive offenders and

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
the exchange of information on national mechanisms for combating
criminal activities. To this end the Partner States undertake to adopt
the following measure for maintaining and promoting security in their
territories to:
(a) enhance the exchange of criminal intelligence and other
security information between the Partner States’ central
criminal intelligence information centres;
(b) enhance joint operations such as hot pursuit of criminals and
joint patrols to promote border security;
(c) establish common communication facilities for border
security;
(d) adopt the United Nations model law on mutual assistance
on criminal matters;
(e) conclude a Protocol on Combating Illicit Drug Trafficking;
(f) enhance the exchange of visits by security authorities;
(g) exchange training programmes for security personnel; and
(h) establish common mechanisms for the management of
refugees. 6.

security authorities;
(g) exchange training programmes for security personnel; and
(h) establish common mechanisms for the management of
refugees. 6.

The partner States undertake to co-operate in reviewing the region’s
security particularly on the threat of terrorism and formulate security
measures to combat terrorism. Article 125
Defence
1. In order to promote the achievement of the objectives of the
Community as set out in Article 5 of this Treaty particularly with
respect to the promotion of peace, security and stability within, and
good neighbourliness among the Partner States, and in accordance with
Article 124 of this Treaty, the Partner States agree to closely co-operate
in defence affairs. 2. For purposes of paragraph 1 of this Article, the Partner States agree
to establish a framework for co-operation. CHAPTER XXIV
LEGAL AND JUDICIAL AFFAIRS
Article 126
Scope of co-operation
1. In order to promote the achievement of the objectives of the
Community as set out in Article 5 of this Treaty, the Partner States shall
take steps to harmonise their legal training and certification; and shall
encourage the standardisation of the judgments of courts within the
Community.

ke steps to harmonise their legal training and certification; and shall
encourage the standardisation of the judgments of courts within the
Community.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
2. For purposes of paragraph 1 of this Article, the Partner States shall
through their appropriate national institutions take all necessary steps
to:
(a) establish a common syllabus for the training of lawyers and a
common standard to be attained in examinations in order to
qualify and to be licensed to practise as an advocate in their
respective superior courts;
(b) harmonise all their national laws appertaining to the
Community; and
(c) revive the publication of the East African Law Reports or
publish similar law reports and such law journals as will
promote the exchange of legal and judicial knowledge and
enhance the approximation and harmonisation of legal
learning and the standardisation of judgments of courts
within the Community. 3. For purposes of paragraph 1 of this Article, the Partner States may
take such other additional steps as the Council may determine.

n the Community. 3. For purposes of paragraph 1 of this Article, the Partner States may
take such other additional steps as the Council may determine.

CHAPTER XXV
THE PRIVATE SECTOR AND THE CIVIL SOCIETY
Article 127
Creation of an enabling environment for the private
sector and the civil society
1. The Partner States agree to provide an enabling environment for
the private sector and the civil society to take full advantage of the
Community. To this end, the Partner States undertake to formulate a
strategy for the development of the private sector and to:
(a) promote a continuous dialogue with the private sector and
civil society at the national level and at that of the Community
to help create an improved business environment for the
implementation of agreed decisions in all economic sectors;
and
(b) provide opportunities for entrepreneurs to participate actively
in improving the policies and activities of the institutions
of the community that affect them so as to increase their
confidence in policy reforms and raise the productivity and
lower the costs of the entrepreneurs. 2.

ommunity that affect them so as to increase their
confidence in policy reforms and raise the productivity and
lower the costs of the entrepreneurs. 2.

For purposes of paragraph 1 of this Article, the Partner States
undertake to:
(a) improve the business environment through the promotion
of conducive investment codes, the protection of property
rights and other rights and the proper regulation of the
private sector;

rough the promotion
of conducive investment codes, the protection of property
rights and other rights and the proper regulation of the
private sector;

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(b) stimulate market development through infrastructural
linkages and the removal of barriers and constraints to
market development and production;
(c) regularly provide up-to-date commercial intelligence to
speed up market response through co-operation among
the chambers of commerce and industry and other similar
organisations of the Partner States;
(d) facilitate and support the exchange of experience and the
pooling of resources through, inter alia, cross-borders
investments;
(e) strengthen the role of their national business organisations or
associations in the formulation for their economic policies;
and
(f) collaborate with their national chambers of commerce
and industry to establish lending institutions that shall
primarily cater for the private sector especially the small-
scale entrepreneurs who find it difficult to obtain credit from
commercial banks and financing institutions. 3.

e private sector especially the small-
scale entrepreneurs who find it difficult to obtain credit from
commercial banks and financing institutions. 3.

The Partner States agree to promote enabling environment for the
participation of civil society in the development activities within the
Community. 4. The Secretary General shall provide the forum for consultations
between the private sector, civil society organisations, other interest
groups and appropriate institutions of the Community. Article 128
Strengthening the private sector
1. The Partner States shall endeavour to adopt programmes that would
strengthen and promote the role of the private sector as an effective
force for the development of their respective economies. 2.

rogrammes that would
strengthen and promote the role of the private sector as an effective
force for the development of their respective economies. 2.

For purposes of paragraph 1 of this Article, the Partner States
undertake to:
(a) encourage the efficient use of scarce resources and to
promote the development of private sector organisations
which are engaged in all types of economic activity such as,
the chambers of commerce and industry, confederations and
associations of industry agriculture, manufacturers, farmers,
traders, and service providers and professional groups;
(b) encourage and sponsor practical and resourceful methods of
income generation in the private sector; and
(c) establish a quality information system which will allow
collection, harmonized processing and timely dissemination
of data and information. 3. For purposes of paragraph 1 of this Article, the Partner States may
take such other additional steps as the Council may determine.

and information. 3. For purposes of paragraph 1 of this Article, the Partner States may
take such other additional steps as the Council may determine.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 129
Co-operation among business organisations and professional bodies
1. The Partner States undertake to co-operate in promoting common
measures to ensure the strengthening of linkages among their business
organisations, employees’ and employers’ organisations and professional
bodies. To this end, the Partner States agree to:
(a) support joint activities which will promote trade and
investment among the Partner States;
(b) recognise and contribute to the efficient operation of federations
of business organisations, professional and commercial interest
groups and similar associations within the Community; and
(c) encourage and promote the taking of useful decisions by the
Council and other relevant institutions of the Community
in areas affecting the private sector, and to monitor the
implementation of such decisions. 2.

ouncil and other relevant institutions of the Community
in areas affecting the private sector, and to monitor the
implementation of such decisions. 2.

The Council shall establish modalities that would enable the business
organisations or associations, professional bodies and the civil society
in the Partner States to contribute effectively to the development of the
Community. 3. The Council shall formulate a business and business related dispute
settlement mechanism. CHAPTER XXVI
RELATIONS WITH OTHER REGIONAL
AND INTERNATIONAL ORGANISATIONS
AND DEVELOPMENT PARTNERS
Article 130
International organisations and development partners
1. The Partner States shall honour their commitments in respect of
other multinational and international organisations of which they are
members. 2. The Partner States reiterate their desire for a wider unity of Africa
and regard the Community as a step towards the achievement if the
objectives of the Treaty Establishing the African Economic Community. 3. With a view to contributing towards the achievement of the
objectives of the Community, the Community shall foster co-operative
arrangements with other regional and international organisations
whose activities have a bearing on the objectives of the Community. 4.

r co-operative
arrangements with other regional and international organisations
whose activities have a bearing on the objectives of the Community. 4.

The Partner States shall accord special importance to co-operation
with the Organisation of African Unity, United Nations Organisation
and its agencies and other organisations, bilateral and multi-lateral
development partners interested in the objectives of the Community.

Organisation
and its agencies and other organisations, bilateral and multi-lateral
development partners interested in the objectives of the Community.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
CHAPTER XXVII
CO-OPERATION IN OTHER FIELDS
Article 131
Other fields
1. Subject to the provisions of this Treaty, the Partner States undertake
to consult with one another through the appropriate institutions of the
Community for the purpose of harmonising their respective policies in
such other fields as they may, from time to time, consider necessary or
desirable for the efficient and harmonious functioning and development
of the community and the implementation of the provisions of this
Treaty. 2. For purposes of paragraph 1 of this Article, the Partner States may
take in common such other steps as are calculated to further the
objectives of the Community and the implementation of the provisions
of this Treaty. CHAPTER XXVIII
FINANCIAL PROVISIONS
Article 132
Budget
1. There shall be a budget for the organs and institutions of the
Community, save for the self accounting institutions. 2.

OVISIONS
Article 132
Budget
1. There shall be a budget for the organs and institutions of the
Community, save for the self accounting institutions. 2.

Subject to this Treaty, a budget for the Community for each financial
year shall be prepared by the Secretary General for consideration by the
Council and approval by the Assembly. 3. All expenditures of the Community in respect of each financial year
shall be considered and approved by the Council and shall be met from
the budget. 4. The budget of the Community shall be funded by equal contributions
by the Partner States and receipts from regional and international
donations and any other sources as may be determined by the Council. 5. The resources of the Community shall be utilised to finance activities
of the Community as shall be determined by the Assembly on the
recommendation of the Council. 6. The budget and accounts of the Community shall be kept and
maintained in United States dollars. 7. The financial year of the Community shall run from 1st July to 30th
June.

s of the Community shall be kept and
maintained in United States dollars. 7. The financial year of the Community shall run from 1st July to 30th
June.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 133
Other resources
Other resources of the Community shall include such extra budgetary
resources as:
(a) grants, donations, funds for projects and programmes and
technical assistance; and
(b) income earned from activities undertaken by the Community. Article 134
Audit of accounts
1. There shall be an Audit Commission made up of the Auditors General
of the Partner States whose functions will be to audit the accounts of the
Community. 2. It shall be the duty of the Audit Commission to verify that any
contributions received or revenue collected by the Community have
been allocated and distributed in accordance with this Treaty and to
include a certificate to that effect in its report. 3. The Audit Commission shall submit its reports under paragraph 2 of
this Article to the Council which shall cause the same to be laid before
the Assembly within six months of receipt for debate and for such other
consultations and action as the Assembly may deem necessary. 4.

be laid before
the Assembly within six months of receipt for debate and for such other
consultations and action as the Assembly may deem necessary. 4.

In the performance of its functions under this Article, the Audit
Commission shall not be subject to the direction or control of any
person or authority. Article 135
Financial rules and regulations
1. The Council shall make financial rules and regulations of the
Community. 2. Self-accounting institutions of the Community shall make their
own financial rules and regulations in line with the provisions of their
respective enabling legislation. CHAPTER XXIX
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 136
Headquarters and other offices of the community
1. The headquarters of the Community shall be in Arusha in the United
Republic of Tanzania. 2. There may be established such offices of the Community in the
Partner States and elsewhere as the Council may determine.

ited
Republic of Tanzania. 2. There may be established such offices of the Community in the
Partner States and elsewhere as the Council may determine.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 137
Official language
1. The official language of the Community shall be English. 2. Kiswahili shall be developed as a lingua franca of the Community. Article 138
Status, privileges and immunities
1. The Community shall enjoy international legal personality. 2. The Secretary General shall conclude with the Governments of the
Partner States in whose territory the headquarters or offices of the
Community shall be situated, agreements relating to the privileges
and immunities to be recognised and granted in connection with the
Community. 3. Each of the Partner States undertakes to accord to the Community
and its officers the privileges and immunities accorded to similar
international organisations in its territory.

undertakes to accord to the Community
and its officers the privileges and immunities accorded to similar
international organisations in its territory.

Article 139
Dissolution of the Permanent Tripartite Commission and its Secretariat
Upon the coming into force of this Treaty, hereinafter referred to as
“the appointed day”, the Tripartite Commission and the Secretariat
of the Tripartite Commission respectively established on the 30th
day of November, 1993, by the Agreement for the Establishment of
a Permanent Tripartite Commission for Co-operation Between the
Republic of Uganda, the Republic of Kenya and the United Republic
of Tanzania, and on the 26th day of November, 1994, by the Protocol
on the Establishment of the Secretariat of the Permanent Tripartite
Commission for Co-operation Between the United Republic of
Tanzania, the Republic of Kenya and the Republic of Uganda, shall both
cease to exist. Article 140
Transitional provisions
1.

n the United Republic of
Tanzania, the Republic of Kenya and the Republic of Uganda, shall both
cease to exist. Article 140
Transitional provisions
1.

On the appointed day, the Executive Secretary, the Deputy Executive
Secretaries, the Legal Counsel and other staff of the Secretariat of
the Tripartite Commission shall assume the offices of the Secretary
General, Deputy Secretaries General, Counsel to the Community and
other staff of the Community respectively and shall be deemed to have
been appointed thereto under the provisions of Articles 67, 68, 69 and
70 of this Treaty respectively:

munity respectively and shall be deemed to have
been appointed thereto under the provisions of Articles 67, 68, 69 and
70 of this Treaty respectively:

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Provided that the Executive Secretary and the Deputy Executive
Secretaries shall serve for the remaining period of their current
contractual terms. 2. Until the Council adopts its procedure, the procedure that applies to
the Tripartite Commission shall apply to the Council. 3. Until the Community adopts its own staff rules and regulations and
terms and conditions of service and financial rules and regulations,
those of the Secretariat of the Tripartite Commission shall apply. 4. Until such time as the Council determines that the Court is fully
operational, a Judge appointed under Article 24 of this Treaty shall
serve on an ad hoc basis. Notwithstanding the provisions of paragraph 5 of Article 25 of this
Treaty, the salary and other terms and conditions of service of a Judge
serving on an ad hoc basis shall be determined by the Summit on the
recommendation of the Council. 5.

other terms and conditions of service of a Judge
serving on an ad hoc basis shall be determined by the Summit on the
recommendation of the Council. 5.

Until the Assembly is elected at a time to be determined by the
Summit and first meets, the functions of the Assembly in respect of
the approval of the budget of the Community, consideration of annual
reports on the activities of the Community and annual audit reports of
the Audit Commission, shall be performed by the Council. 6. Until the adoption of Protocols referred to in Article 151(1), the
Council may make regulations, issue directives, take decisions, make
recommendations and give opinions in accordance with the provisions
of this Treaty. 7. Pending the conclusion of a Protocol under paragraph 1 of Article
75 of this Treaty, the Partner States agree to maintain the rules of origin
currently applicable for the purpose of the preferential treatment of
goods traded among them and originating in the Partner States. Article 140(4A)
Transition
1. Any judgment or order made by the Court since the entry into
force of the Treaty shall be deemed to have been made by the Instance
Division of the Court. 2.

dgment or order made by the Court since the entry into
force of the Treaty shall be deemed to have been made by the Instance
Division of the Court. 2.

A Judge serving in the East African Court of Justice existing
immediately before the entry into force of this Article shall continue as
a Judge of the First Instance Division for the purposes of this Treaty and
is eligible for appointment to the Appellate Division. Article 141
Transfer of assets and liabilities
1. On the appointed day there shall be transferred to and vested in the
Community by virtue of this Article and without further assurance, all
the assets and liabilities of the Secretariat of the Tripartite Commission
and from that day, the Community shall, in respect of the assets

rance, all
the assets and liabilities of the Secretariat of the Tripartite Commission
and from that day, the Community shall, in respect of the assets

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
and liabilities so transferred and vested in it, have all the rights, and
be subject to all the liabilities, which the Secretariat of the Tripartite
Commission had, or is subject to, immediately before that day. 2. Every contract made by or on behalf of the Secretariat of the
Tripartite Commission in writing and whether or not of such a nature
that rights and liabilities thereunder can be assigned by the Secretariat
of the Tripartite Commission, shall have effect as if made by or on
behalf of the Community and as if references therein to the Secretariat
of the Tripartite Commission or any officer or authority thereof, were
references to the Community and to the corresponding officer or
authority thereof. 3. Any proceedings by or against the Secretariat of the Tripartite
Commission pending on the appointed day, shall be continued by or
against the Community. 4.

roceedings by or against the Secretariat of the Tripartite
Commission pending on the appointed day, shall be continued by or
against the Community. 4.

Reference to the Secretariat of the Tripartite Commission, in any
law or document shall on and after the appointed day, be construed as
references to the Community. Article 142
Saving provisions
1.

Commission, in any
law or document shall on and after the appointed day, be construed as
references to the Community. Article 142
Saving provisions
1.

Subject to the provisions of this Treaty, the operation of the following
tripartite agreements after the coming into force of this Treaty shall
not be affected by such coming into force, but the agreements shall
be construed with such modifications, adaptations, qualifications and
exceptions as may be necessary to bring them into conformity with the
Treaty:
(a) Agreement for the Establishment of the Permanent Tripartite
Commission for Co- operation Between the United Republic
of Tanzania, the Republic of Kenya and the Republic of
Uganda, and;
(b) Protocol on the Establishment of a Secretariat of the
Permanent Tripartite Commission for Co-operation
Between the Republic of Uganda, the Republic of Kenya and
the United Republic of Tanzania;
(c) Headquarters Agreement between the Secretariat of
the Commission for East African Co-operation and the
Government of the United Republic of Tanzania;
(d) Tripartite Agreement for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion with respect to Taxes on
Income;
(e) Memorandum of Understanding on Co-operation in
Defence;
(f) Tripartite Agreement on Road Transport;
(g) Tripartite Agreement on Inland Waterways Transport;
(h) Memorandum of Understanding on Foreign Policy Co-
ordination; and

ement on Road Transport;
(g) Tripartite Agreement on Inland Waterways Transport;
(h) Memorandum of Understanding on Foreign Policy Co-
ordination; and

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
(i) Memorandum of Understanding between the United
Republic of Tanzania, the Republic of Kenya and the Republic
of Uganda for Co-operation on Environment Management. 2. The dissolution of the Tripartite Commission in terms of Article 139
of this Treaty shall not affect the decisions of the Tripartite Commission
but such decisions shall be construed and implemented with such
modifications, adaptations, qualifications and exceptions as may be
necessary to bring them into conformity with this Treaty. Article 143
Sanctions
A Partner State which defaults in meeting its financial and other
obligations under this Treaty shall be subject to such action as the
Summit may on the recommendation of the Council, determine. Article 144
Duration of the Treaty
This Treaty shall have perpetual duration. Article 145
Withdrawal of a member. 1.

dation of the Council, determine. Article 144
Duration of the Treaty
This Treaty shall have perpetual duration. Article 145
Withdrawal of a member. 1.

A Partner State may withdraw from the Community provided:
(a) the National Assembly of the Partner State so resolves by
resolution supported by not less than two-thirds majority of
all the members entitled to vote; and
(b) the Partner State gives to the Secretary General twelve
month’s written notice of its intention to withdraw, unless
that State cancels the notice before the expiry of the twelve
months. 2. A Partner State wishing to withdraw from the Community shall,
during the period of twelve months referred to in paragraph 1 of this
Article, continue to be liable to discharge her obligations under the
Treaty. 3. Notwithstanding the effective withdrawal from membership by such
State, upon expiry of the notice that State shall remain liable to discharge
all subsisting obligations and longterm commitments incurred during
membership
Article 146
Suspension of a member
1. The Summit may suspend a Partner State from taking part in the
activities of the Community if that State fails to observe and fulfil the

f a member
1. The Summit may suspend a Partner State from taking part in the
activities of the Community if that State fails to observe and fulfil the

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
fundamental principles and objectives of the Treaty including failure
to meet financial commitments to the Community within a period of
eighteen (18) months. 2. A Partner State suspended, in accordance with paragraph 1 of this
Article, shall cease to enjoy the benefits provided for under this Treaty
but shall continue to be bound by membership obligations until the
suspension is lifted. Article 147
Expulsion of a member
1. The Summit may expel a Partner State from the Community for
gross and persistent violation of the principles and objectives of this
Treaty after giving such Partner State twelve months’ written notice. 2. Upon the expiration of the period specified in paragraph 1 of this
Article, the Partner State concerned shall cease to be a member of the
Community unless the notice is cancelled. 3.

d specified in paragraph 1 of this
Article, the Partner State concerned shall cease to be a member of the
Community unless the notice is cancelled. 3.

During the period referred to in paragraphs 1 and 2 of this Article the
Partner State concerned shall continue to comply with the provisions of
this Treaty and be liable to discharge all subsisting obligations and long-
term commitments incurred during membership. Article 148
Exceptions to the rule of consensus
Notwithstanding the provisions of paragraph 3 of Article 12 of this
Treaty, the views of the Partner State being considered for suspension
or expulsion shall not count, for the purposes of reaching a decision
under the provisions Articles 146 and 147 of this Treaty. Article 149
Rights over property and assets of the community
upon cessation of membership
1. Where a Partner State withdraws or is expelled in accordance with
Articles 145 and 147 respectively of this Treaty the property of the
Community in that Partner State’s territory shall remain vested in the
Community. 2. A State that has ceased to be a Partner State of the Community
shall have no claim to or any rights over any property and assets of the
Community. 3. The Community shall continue with its remaining membership
notwithstanding withdrawal or expulsion of any Partner State.

d assets of the
Community. 3. The Community shall continue with its remaining membership
notwithstanding withdrawal or expulsion of any Partner State.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
Article 150
Amendment of the Treaty
1. This Treaty may be amended at any time by agreement of all the
Partner States. 2. Any Partner State or the Council may submit proposals for the
amendment of this Treaty. 3. Any proposals for the amendment of this Treaty shall be submitted to
the Secretary General in writing who shall, within thirty days (30) of its
receipt, communicate the proposed amendment to the Partner States. 4. The Partner States which wish to comment on the proposals shall do
so within ninety days (90) from the date of the dispatch of the proposal
by the Secretary General. 5. After the expiration of the period prescribed under paragraph 4 of
this Article, the Secretary General shall submit the proposals and any
comments thereon received from the Partner States to the Summit
through the Council. 6. Any amendment to this Treaty shall be adopted by the Summit and
shall enter into force when ratified by all the Partner States.

hrough the Council. 6. Any amendment to this Treaty shall be adopted by the Summit and
shall enter into force when ratified by all the Partner States.

Article 151
Annexes and Protocols to the Treaty
1. The Partner States shall conclude such Protocols as may be necessary
in each area of co-operation which shall spell out the objectives and
scope of and institutional mechanisms for co-operation and integration. 2. Each Protocol shall be approved by the Summit on the
recommendation of the Council. 3. Each Protocol shall be subject to signature and ratification by the
parties hereto. 4. The Annexes and Protocols to this Treaty shall form an integral part
of this Treaty. Article 152
Entry into force
This Treaty shall enter into force upon ratification and deposit of
instruments of ratification with the Secretary General by all Partner States. Article 153
Depository and registration
1. This Treaty and all instruments of ratification shall be deposited with
the Secretary General who shall transmit certified true copies thereof to
all the Partner States.

instruments of ratification shall be deposited with
the Secretary General who shall transmit certified true copies thereof to
all the Partner States.

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THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY ACT [CAP. 411 R.E. 2023]
2. The Secretary General shall register this Treaty with the Organisation
of African Unity, the United Nations, and such other organisations as
the Council may determine.
DONE at Arusha, Tanzania, on the 30th day of November, in the year
One Thousand Nine Hundred and Ninety-Nine.
IN FAITH WHEREOF the undersigned have appended their signatures
hereto:
For the Government of the United Republic of Tanzania
BENJAMIN WILLIAM MKAPA
President
For the Government of the Republic of Uganda
YOWERI KAGUTA MUSEVENI
President
For the Government of the Republic of Kenya
DANIEL TOROITICH ARAP MOI
President

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.