The Use of Reconciliation by the East African Court of Justice (Eacj) in Dispute Resolution by Member States

Abstract

The study sought to establish the use of reconciliation by the East African Court of Justice (EACJ) in dispute resolution by member states. The study’s main objective was to determine the extent to which the EACJ effectively utilized reconciliation as an ADR mechanism. This study was guided by the theory of Liberal institutionalism which argued that the only way which the use of reconciliation and the ADR mechanisms can be successfully adopted in the EACJ and the justice systems of the EAC member states is through strengthening of the regional institutions such as the EACJ so that they can cause spillover effects to the justice systems of EAC member states. This theoretical framework was also backed up by a conceptual framework which highlighted the independent variable, the dependent variables and the intervening variables. The study sought to test two hypotheses, first that, the existing mechanisms in EACJ justice systems does not adequately support the use of reconciliation as an ADR mechanism in the day to day affairs of EACJ. Secondly, that there exists serious legal, administrative and policy loopholes which do not support the adoption of reconciliation as an ADR mechanism in the justice system of the EACJ. The study established that both hypothesis one and two are true and correct. Secondly, that the EACJ is facing serious financial, administrative, human resource incapacity and legitimacy challenges which make it unable to adequately adopt the use of reconciliation as an ADR mechanism. Consequently, that most EAC member states are not willing to fully embrace the use of reconciliation as an ADR mechanisms in the justice systems of both the EACJ and their national justice systems. The study recommended that, the EAC needs to learn from the EU experience on the strategies they undertook to factor in the use of reconciliation and other ADR mechanisms in their justice systems, that there is need for a total legal, policy and administrative overhaul of the EACJ so as to streamline its activities including a creation of a new directorate of ADR mechanisms where reconciliation will be factored in. That; there is need for the EAC to look for alternative sources of finance rather than wait for the subscriptions from the member states, this will enable it to have enough finances to facilitate the use of reconciliation. Finally, that, a serious sensitization campaign should be undertaken to conscientize the EAC citizens on the existence of ADR mechanisms within the EAC justice system.