248 Mizan Law Review Vol. 6 No.2, December 2012 body to uphold justiciability of socio-economic rights because of its holding that the right to basic education is justiciable before it.40 1.2. East African Court of Justice Cooperation among Kenya, Tanzania and Uganda dates back to the colonial era. In 1917, Kenya and Uganda formed Customs Union, and Tanzania (then Tanganyika) joined in 1927.41 The Customs Union was followed by the East African High Commission (1948-1961) and the East African Common Services Organisation (1961-1967).42 In 1967, the East African Community was established and took over the assets and liabilities of the East African Common Service Organisation.43 The East African Community lasted for ten years and became defunct in 1977 for various reasons.44 The businesspersons in Kenya put pressure on the government to withdraw.45 “Differences in economic policies and political approaches” were considered as reasons for the failure.46 The present East African Community (EAC) was re-launched in 1999.47 The areas of co-operation among members of EAC include political, social and cultural fields, research and technology, defence, security, and legal and judicial affairs.48 To achieve these objectives, the EAC Treaty sets out fundamental and operational principles that include the promotion and protection of human rights.49 The East African Court of Justice (EACJ) is one of the seven organs that were established by EAC Treaty.50 It exercises the judicial function of the EAC through its first instance and appellate divisions.51 The EAC Treaty vests human 40 Frans Viljoen ‘The African Regional Human Rights System��� in Catarina Krause & Martin Scheinin (2012), International Protection of Human Rights: A Text Book (Turku: Institute for Human Rights, Abo Akademi University), p. 555. 41 History of the EAC: From Cooperation to Community, available at <http://www.eac.int/index.php?option=com_content&view=article&id=44&Itemid=54> 42Ibid. 43Viljoen, supra note 1, p. 490. 44Ibid. 45Ibid 46Ibid 47Art 2(1) of Treaty Establishing East African Community, signed on 30 November 1999, came into force 7 July 2000, and amended on 14 December 2006 and 20 August 2007. The EAC Treaty was concluded among Kenya, Tanzania and Uganda. Rwanda and Burundi acceded to the Treaty on 18 June 2007. See also Viljoen , supra note 1, p. 490; Ruppel , supra note 3, p. 301. 48 Art 5(1), EAC Treaty. 49 Art 6(d) & 7(2), EAC Treaty. 50 Art 9(1), EAC Treaty. 51 Art 9(1)(e) & 23(2), EAC Treaty.