Implementation of the East African Community Common Market Protocol In Kenya: Case of Free Movement of Advocates
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Date
2023
Authors
Magwilu, Hansen Omido
Journal Title
Journal ISSN
Volume Title
Publisher
Kenyatta University
Abstract
The core of the entire science of international relations is how sovereign states cooperate to overcome common problems they face in the anarchic international system. In 2010, the member states of the East African Community ratified the East African Community Common Market Protocol. The treaty's primary goal as a tool for regional integration is to increase social and economic cooperation among members for the benefit of the citizens of EAC member nations. The purpose and commitment to abolish all obstacles to the free movement of persons and labor within East Africa were stated in Articles 5(2)(c), 10 and 11 of the Treaty. According to Article 2(6) of the Kenyan Constitution of 2010, when the East African Community Common Market Protocol was ratified, it automatically became a part of Kenyan law. The Advocates Act, however, does not define a foreign advocate in a way that embodies the spirit of articles 5(2)(c), 10 and 11(1)(a) of the East African Community Common Market Protocol. A foreign advocate is someone who was not born in Kenya and is a citizen of a Commonwealth state, according to section 11 of the Advocates Act. With regard to legal professionals from other East African nations who lack a practicing certificate from Kenya, section 11 of the Advocates Act oozes discriminatory principles when read literally. Therefore, this study project examined the application of the East African Community Common Market Protocol in Kenya with particular attention to the freedom of advocates. This project looked at the broad principles and objectives of the East African Community with regard to the free movement of people and labor, as well as the domestication of the East African Community Common Market Protocol provisions with regard to the free movement of labor in Kenya and the current policy frameworks for the practice of law in Kenya by legal personnel from regional East African Community members. The theoretical framework described liberal institutionalism, protectionism, and realism in addition to how these concepts apply to Kenya's adoption and execution of the East African Community Common Market Protocol. Mixed data collection techniques were used in the study. In this study, a case study research design was used. The results showed that the EAC Partner States do, in fact, want to achieve further integration. It is however significant to note that, the free movement of foreign advocates into Kenya in particular is currently fraught with difficulties. For an area to be competitive and for the integration process to be effective, the free labor movement is essential. States are in charge of making sure that the requirements of the East African Community Common Market Protocol are adhered to by its current laws and regulations, Kenya is not an exemption. It is against this background that this study established the degree to which Kenya has domesticated the East African Community Common Market Protocol movement of labor provisions, with a focus on the legal practice of advocates who have not obtained practicing licenses from the Law Society of Kenya
Description
A Research Project Submitted in Partial Fulfillment of the Requirements For the Award of the Degree of Master of Arts in International Relations and Diplomacy in the School of Law, Arts and Social Sciences of Kenyatta University
Keywords
Implementation, East African Community, Common Market Protocol, Kenya, Free Movement, Advocates