@article{2025:milej:east_afric,
title = {East African Court of Justice and the Supreme Court of Kenya – A Case of Two Judicial Monologues},
year = {2025},
note = {Adherence to the Rule of Law is one of the fundamental principles of
the East African Community (EAC), anchored in the Treaty establishing
the Community. The main judicial organ of the EAC—the East African
Court of Justice (EACJ)—and the Supreme Court of Kenya, one of the
EAC’s Partner States, are in disagreement regarding the competence
of the EACJ to review decisions of the Supreme Court of Kenya for
compliance with the rule of law principle. The Supreme Court resists
the EACJ’s case law assuming such competence and the manner in which
the EACJ exercises it. We argue that both courts should abandon their
orthodox positions and engage in judicial dialogue. The Supreme Court
should acknowledge that the EACJ may determine the international
responsibility of a Partner State for a violation of the Rule of Law
principle, even if such a violation originates from a decision made by
a court of that State, including the Supreme Court of Kenya. On the
other hand, the EACJ should adopt an adequate standard of deference
toward the judicial organs of Partner States.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {435--464},
author = {Milej, Tomasz and Kubasu, Alvin},
volume = {58},
number = {3}
}