Implications of the East African Community-Customs union with special regard to Kenya
Birundu, Geoffrey S
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This work takes lip and investigates in general the implications of the East African Customs Union with specific regard to Kenya. The aim of this writing is to have an overview of EACU with regard to Kenya. This work is divided into five chapters. Chapter I is an introductory chapter; this chapter is the one that sets out the direction of our research. In it we give the background of our study, statement of our problem, assumptions of the study (hypothesis), our research objectives, and justification of the study as well as om research questions. The chapter further gives Ii rerature rev iew of the study, research methodu logy, theoretical framework, limitations of our study as well as chapter breakdown. Chapter 2 is largely an account of the interplay of the custom union on the Kenyan Customs before the coming into force of the East African Customs Union provisions and Local economic development. This chapter gives a background on the formation of the East African Community. It also discusses the legal, adrninistrative and institutional fi'amework of the East African Customs Union. It further gives information on the establishment of an institutional framework for the implementation of the East African Customs law', the implementing mechanisms and the control of exports and imports at the Free Ports. Since the collapse of the East African community in 1977, there was no legal framework for a customs union integrating the three East A frican States. Now that there has been developed the East African Customs Union, the political federation and economic union, there is the challenge of ensuring that the three East African slates comply with that legal ti'amework. However, the compliance with these provisions has its own legal implications on Kenya as a country in economic transition, Therefore this chapter endeavors to investigate the legal regime of this integration's in the area of customs. The Law on Customs as Provided under Article 9 of the protocol of the East African Community on the Customs Union. Chapter 3 is an explanation of the implication of the Customs Union on Kenyan Local development economy. This chapter evaluates the implications of the East African community Customs Union to Kenya. In particular, the study assesses the potential impact (to Kenya) of removing tariffs on intra-EAC trade and establishing a common external tariff for the Community. This assessment is restricted to simulation of the government tariff revenue implications of the implementation of the customs unions agreement. However, the study also analyses views of stakeholders on the current or expected impacts of the EAC customs union.' Chapter 4 studies and gives an overview of the benefits the Customs union will bring to the Kenya economy in regard to the industrial sector and the East African Community as a whole since it became effective. It shall also state the proposals that have been given by Kenya, the flexibility of the Customs law with the previous Kenyan law and its linkage with the said law. We shall also give the challenges that the EACU faces and a comparative analysis with other trading blocs in Africa. Finally we shall posit the future of African regional trading blocs Chapter 5 is a concluding chapter, which gives a Conclusion ancl suggestions and recommendations for legislative reforms for the implementation of the East African Community Customs Union. In this chapter we shall make a summary of the research; discuss specific problems facing the FACU and suggest recommendations for legislative reforms for the implementation of the East African Community Customs Union . This I tried to do and it is my wish to point out that the work has not exhausted all that there is to know as regards the implications of the EACU and therefore, it just acts as a stepping stone as the readers gets deep down in the study. In that sense, omissions and Past efforts to form regional integration schemes in Africa failed because of political and economic factors, which did not favour sustainability of the schemes. However, in recent years, a new momentum of integration has emerged in the continent with the revival of the EAC in 1993 being indicative of that momentum. A number of factors explain this new emphasis on integration including: greater political will, globalization and the attendant need to strengthen small economies and expand markets to avoid marginalization, and the desire to achieve economic development. oversights may be encountered and this I argue is the key to the understanding that is a common ground that the law can not be interpreted III its entirety while trying to give an overview of the East African Customs Union.