EXAMINING THE CHALLENGES OF ENFORCING ARBITRAL AWARDS IN THE EAST AFRICAN COURT OF JUSTICE (EACJ): A CASE STUDY OF KENYA AND TANZANIA.
Abstract
This study explores the challenges surrounding the enforcement of arbitral awards associated with the East African Court of Justice (EACJ), focusing on Kenya and Tanzania as case studies. Although the EACJ plays a limited role as an enforcement forum under the current Treaty framework, its jurisdiction and jurisprudence significantly influence the broader regional enforcement environment. The study critically examines the legal, institutional, and procedural factors that impede the effective recognition and execution of arbitral awards linked to the EACJ, including divergent national arbitration laws, judicial reluctance, inconsistent application of the New York Convention, and expansive interpretations of public policy. It further highlights how the absence of a clear regional enforcement mechanism under the EAC Treaty weakens the EACJ’s authority and the uniformity of arbitral enforcement across member states. Drawing upon statutory analysis, treaty provisions, case law, and practitioner insights, the paper recommends reforms such as empowering the EACJ with an explicit enforcement mandate, harmonizing domestic arbitration regimes, enhancing judicial capacity, and developing a regional enforcement protocol to strengthen the effectiveness of arbitral justice within the East African Community.
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