THE EAST AFRICAN COMMUNITY: INTERGOVERNMENTALISM, COLONIAL LEGACIES AND THE ABSENCE OF PEOPLE CENTREDNESS

Abstract

This paper examines the intergovernmental structure of the East African Community (EAC) and critically analyses the historical motives behind its establishment. It reveals that the composition of the EAC’s organs largely reflects the executives of the Partner States rather than adopting a supranational approach, resulting in limited participation from the general citizenry, including private sectors, business communities, and civil societies. The paper highlights the unique integration approach of the EAC, which is not followed by constitutional regulation, by reviewing relevant constitutional provisions from some of the Partner States. While acknowledging the merits of this approach, the author draws on lessons and challenges from the European Union (EU) experience. Additionally, the paper addresses the relationship between communitarian (international) law and domestic law within the EAC context. The study concludes by analysing the EAC’s legal framework, categorizing its structures, and examining their applicability within domestic jurisdictions.