51.
It is evident that jurisdiction refers to the boundary of authority. It is
critical concept which, any court of law has to deal with carefully
and in accordance with the established legal principles in order to
ensure that the court’s findings or decision will have legal and
binding effect on the parties.
52.
The jurisdiction of the East African Court of Justice can be traced
from the following provisions of the Treaty – namely, Articles 23
(role of the Court), 27(jurisdiction of the Court), 28 (Reference by
Partner
States),
29(Reference
by
Secretary
General),
30
(Reference by Legal and Natural persons), 31 (Disputes between
the Community and its employees), 32 (Arbitration clauses and
Special Agreements), 34 (Preliminary Ruling of National Courts),
35A (Appeals from the First Instance Division), 36 (Advisory
opinion), 39 (Interim orders), 42 (Rules of the Court) and 45(2) (
employment of staff). These are discussed in detail in the case
of
Independent Medical Legal Unit vs. Attorney General of the
Republic of Kenya EACJ Appeal No.1 of 2011).
53.
The primary provision, on which the jurisdiction of the East
African Court of Justice is founded, is Article 23 of the Treaty.
it
provides, in relevant part, that:
“1. The Court shall be a judicial body which shall ensure the
adherence to law in the interpretation and application of and
compliance with this Treaty” (Underlining provided)
54.
The above Article should be read together with Article 27 of the
Treaty, which provides that:“1. The Court shall initially have jurisdiction over the
interpretation and application of this Treaty:17