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COMESA Court of Justice attends the East African Law Society Annual Conference, 2024

COMESA Court of Justice attends the East African Law Society Annual Conference, 2024

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The Honourable Registrar of the COMESA Court of Justice, Nyambura Mbatia, and Assistant Registrar, Asiimwe Anthony, are participating in the 29th East Africa Law Society (EALS) Annual Conference taking place from November 27–30, 2024, under the theme “Leveraging the Legal Profession for Sustainable Growth and Development in the East African Community.” The conference is being held at the Speke Resort and Conference Centre in Kampala, Uganda.

On the first day of the Conference, the Registrar spoke in a panel analysing the implementation status of regional court decisions. She highlighted that while the legal frameworks for regional courts are well established, enforcement remains hindered by challenges. Citing the Campbell Case, which led to the SADC Tribunal’s disbandment, she emphasised that regional courts often rely on political goodwill rather than binding supranational mechanisms.

(from left to right) Ms. Rubia Wanjiru – Research officer – EACJ, Justice Monica Kalyegira Mugenyi – Judge of the Court of Appeal of the Republic of Uganda and Judge-elect of the Appellate Division of the CCJ, and Hon.Nyambura Mbatia – Registrar 

The Registrar noted that the CCJ has yet to face significant enforcement challenges. She cited the Polytol vs. Republic of Mauritius case, resolved out of court after an appeal, which avoided testing compliance with the Court’s decisions. Nonetheless, she expressed confidence in the Court’s ability to uphold resilience and integrity when such challenges arise, advancing regional integration and justice.

The Registrar referenced Article 40 of the COMESA Treaty, which governs the enforcement of the Court’s judgments, but acknowledged that reliance on domestic courts often leads to delays and political interference, undermining effectiveness. She concluded by urging consistent political will and cooperation among Member States to empower regional courts to deliver justice and promote integration.

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