Description:
This research is based on assessing the law making process within the East African
Community, the position of the laws and the challenges ahead. The focus is in examining the
process on legislation, the position of the said law to Partner States and challenges
accompanied to legislation process, and those facing the Community law during
implementation. The EAC was established with the aim of strengthen economic relationship
between the East African states which have a long common history. The EAC was established
with the vision of becoming a political federation thus it must pass through four stages of
integration namely; the customs union, common market, monetary union and lastly political
federation. Thus the establishment of the EAC can be evidenced into two phases which are
the former EAC which collapsed and the new EAC.
This study is guided through the objective of examining the legislative process and organs
which are responsible for the law enactment within the EAC. This research is qualitative in
nature. It gives deep analysis of the subject matter where the analysis is done by examining
the treaties, domestic laws, books, case laws, Regional and international instruments which
are responsible or touch on the law making process in any regional integration in the world
and specifically in Africa. Also in order to have clear and accurate answers, the researcher
adopt methods of obtaining data from the field, the methods include questionnaires and face
to face interviews on how the laws are made within the EAC.
After the examination and analysis the examiner draws the conclusion on the study and
provides recommendations on what should be done in order to have effective law making
process within the EAC. Also recommendations are on how the Community law be treated to
avoid the challenges occurred on implementation.