east africa law society v attorney general of united republic of tanzania and another reference 1 of 2019 2020 eacj 16 25 november 2020
The Court held that Article 24 of the Treaty provides two alternative routes for judicial appointment: either fulfilling national conditions for high judicial office or being a jurist of recognized competence. Justice Mjasiri qualified under the latter. The Treaty does not prescribe a uniform nomination process, leaving it to Partner States' discretion. No Treaty violation occurred as the required qualifications were met and the process did not breach Articles 6 or 7. The Second Respondent's obligation was limited to verifying qualifications under Article 24, and there was no obligation to es…
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- Judicial appointments
- Treaty interpretation
- Sovereignty of states
- Transparency and accountability
- Public participation