Towards Achieving Political Federation in East Africa Community- Challenges , Successes and Opportunities

Abstract

This study assesses the challenges, successes and opportunities in the realization of a political federation in the East African Community (EAC) as the ultimate object of the treaty. It argues that although the Summit has a duty to initiate the establishment of a political federation in East Africa, nevertheless, it has failed to realize the political federation status because the East African Community Treaty does not provide proper checks and balances within the structural architecture. The study relies on legal realism and the doctrine of separation of powers to demonstrate that the EAC's structural architecture contains gaps in the legislative, institutional, and policy framework and this has hindered the realization of the federal status that the EAC treaty envisages. The study is justified on the grounds that until now existing literature not only ignores the need and importance of EAC accountability mechanisms but also fails to address frameworks in efforts to open democratic space and parameters necessary for a political federation. This study is carried out in Kenya, it employs doctrinal research methodology to investigate the historical events and factors of the EAC from the pre-colonial era, colonial, post-independence era leading to the famously known Arusha Declaration of 1999. It investigates the strength of the structural architecture of the checks and balances between the summit and other organs of the EAC. The study also compares lessons from other regional unions that have applied separation of powers approach to achieve political federations. Specifically, the study draws on lessons from the European Union, the African Union and Economic Community of West African States (ECOWAS). The study concludes by recommendations on the steps the East Africa community can adopt to achieve the dream of a political federation.