the organisation’s agenda, making good governance
imply
many
different
things
in
many
different
contexts.”
We fully associate ourselves with the above description and we are of the firm belief
that herein lies the explanation why the framers of the Treaty went beyond stating the
principle and instead negotiated and agreed upon a specific minimum set of
requirements that constituted the good governance package that, in their wisdom,
suited the EAC integration agenda. That package, for purposes of the EAC
integration, as set out in Article 6 (d), includes;
a) adherence to the principles of democracy,
b) the rule of law, accountability,
c) transparency,
d) social justice,
e) equal opportunities,
f) gender equality, as well as
g) the recognition, promotion and protection of human and peoples’ rights
in accordance with the provisions of the African Charter on Human and
Peoples’ Rights.
Apart from asserting that the provisions are aspirations and broad policy
provisions for the Community, political in character and with a futuristic and
progressive application, Counsel did not substantiate. They did not explain
how and why these fundamental principles are mere aspirations. They
failed to show us why we should depart from the position of this Court
succinctly stated in the IMLU Case(supra) that these provisions constitute
responsibilities of Partner States to citizens which, through those States’
voluntary entry into the EAC, have crystallised into actionable obligations,
breach of which gives rise to infringement of the Treaty.
REFERENCE NO.5 OF 2011
Page 18