An Examination of the Applicability of the Eac’s Principle of Mutual Recognition in Kenya

Abstract

The Protocol on the Establishment of the East African Community Common Market provides for mutual recognition of professional qualifications within the East African Community. The Protocol also provides for the conclusion of mutual recognition agreements by professional bodies in the respective Partner States to facilitate the free movement of professional service providers. The Republic of Kenya, which is a Partner State in the East African Community, has undertaken commitments to liberalize professional services and entered into several Mutual Recognition Agreements. Despite concluding the MRAs, not much has been achieved towards the recognition of professional qualifications. This is largely the result of the legal uncertainty surrounding the applicability of the agreements in Kenya. This thesis explores three closely related questions concerning the applicability of MRAs. First, do professional bodies in Kenya have the legal competence to negotiate, enter into and conclude MRAs in the EAC? Second, what is the legal status of the concluded agreements? Third, are the concluded agreements binding on the Government of Kenya? The main aim of this research is to determine the applicability of MRAs in Kenya. It seeks to determine the process of translation of MRAs into the country’s municipal laws. In addition, the study seeks to provide solutions to the legal questions.