Human Rights Jurisdictional Overlap Between the East African Court of Justice and the National Courts

Abstract

As the topic suggests, Human Rights Jurisdictional Overlap between the East African Court of Justice and National Courts, is a discourse on the overlap in jurisdiction between the EACJ and national court to hear, determine and remedy human rights violations. The research is informed by the problem that both the EACJ and national courts have jurisdiction over human rights abuse cases. This overlap has arisen partly from the failure to approve the Protocol to Operationalize Extended Jurisdiction of the EACJ as well as the lack of the principle of Exhaustion of Local Remedies in the EAC Treaty. The situation has resulted in overlap and potential human rights jurisdictional conflict between the EACJ and the national courts more than a decade after the EACJ became operational, contrary to the fundamental principles of the Community. The research therefore sets out to: examine the jurisdiction of the EACJ from its inception to date; examine the jurisdictional relationship between the EACJ and national courts to hear and determine human rights abuse cases; and make recommendations on how to resolve or avoid the jurisdictional overlaps.