The Pan Africa Lawyers Union (PALU) has warned that delays in resolving disputes, staff shortages and weak enforcement of court decisions could undermine East Africa's regional integration efforts.
PALU Chief Executive Officer Donald Deya raised the concerns as the East African Court of Justice (EACJ) marked 25 years since its establishment, calling on regional leaders to urgently address challenges affecting the delivery of justice.
Deya said the growing number of pending cases was denying citizens timely access to justice, with some disputes taking several years before being heard.
He questioned how the court could deliver justice when even urgent applications take years to be handled.
“When you have an urgent application with a certificate of urgency and it takes two years to get the matter heard, you can no longer talk of justice,” Deya said.
He revealed that some of his clients had died before their cases were determined, raising concerns about the impact of prolonged court processes on people seeking justice.
The PALU chief also warned that delays could discourage investors from doing business in the East African Community (EAC).
He said businesses need confidence that any disputes arising from their investments can be resolved within a reasonable period.
“Who is going to make a substantive investment when they know that should there be a dispute, it will take five years for that dispute to be solved?” he posed.
Deya also questioned the two-month deadline for filing cases at the regional court, arguing that it limits opportunities for governments, citizens and EAC institutions to resolve disagreements through negotiations.
He said the short period often forces parties to rush to court simply to protect their legal rights, even when a dispute could have been settled through dialogue.
He called for greater use of alternative dispute resolution mechanisms, urging the court to allow parties to continue negotiations even after filing cases.
Deya further criticised what he described as a culture of going through court procedures without achieving meaningful results.
He argued that court proceedings should focus on delivering justice rather than simply keeping cases active.
Beyond the case backlog, Deya raised concern over inadequate staffing within EAC institutions, saying the shortage of legal officers was affecting their ability to handle growing responsibilities.
He pointed out that the Community had gone for 19 months without a substantive Counsel to the Community, despite the increasing number of laws, protocols and decisions requiring legal attention.
Deya noted that the office of the Counsel to the Community previously had eight lawyers, questioning how the institution could manage its expanding workload with limited staff.
He urged East African leaders to act on reforms directed by Heads of State, including amendments to the EAC Treaty and increased funding for regional institutions.
He said the Community needed more financial, technical and human resources to speed up integration and support economic growth.
His remarks come as the East African Court of Justice celebrates 25 years of handling disputes involving the regional bloc and its member states.
The anniversary has brought together judges, government officials, regional leaders and legal practitioners to assess the court's achievements and discuss challenges facing the East African integration process.
