THE SUMMMIT

The East Africa Community Treaty of 1999 establishes the summit under
article 9(1) (a).1The summit consists of the heads of states of the EAC
member states and led by a chairperson from among them for a yearly term in rotation.
The functions of the Summit are laid down in Article 11 of the treaty.2 The
summit is principally charged with; Reviewing the state of peace,
security, and good governance within the Community and the
progress achieved toward the establishment of a political Federation of the
Partner States, Giving general directions and impetus as to the development
and achievement of the objectives of the community.

One of the central aspects of the Summit's influence on the enlargement of

the EAC is its role in the admission of new members and the decision-
making. It admits new members to the community. Article 3(2) allows the
partner states to grant membership to the community, while Article 3(3)
stipulates the matters to be taken into account by the partner states in
considering an application by a foreign country to become a member of the
community. This authority means that any enlargement of the EAC must be
approved by the Summit, which reviews whether applicant states meet the
EAC’s criteria for membership, such as governance standards, commitment
to economic integration, and adherence to principles of democracy, rule of
law and observance of human rights and social justice as provided for in
Article 3 paragraph 43
The Summit evaluates and ultimately approves the applications of potential
new members, considering both the Community’s goals and the readiness of
applicant states to join. The admission of countries like Rwanda, Burundi,
South Sudan, and the Democratic Republic of Congo was sanctioned by the

1
“Article 9(1)(a) Treaty FOR ESTABLISHMENT OF EAST AFRICA COMMUNITY 1999 - Search.” Accessed November 12,
2024. https://www.bing.

2
“Article 11 Treaty FOR ESTABLISHMENT OF EAST AFRICA COMMUNITY 1999 - Search.” Accessed November 12,
3
“Article 3 Treaty FOR ESTABLISHMENT OF EAST AFRICA COMMUNITY 1999 - Search.” Accessed November 12, 2024
Summit, making it a vital facilitator of enlargement. Like On 29 March, 2022
the Summit of EAC Heads of State at their 19th Extra-Ordinary Meeting,
admitted DRC into the EAC following the recommendation by the EAC Council
of Ministers. The Chairperson of the Summit and President of Kenya, H.E
Uhuru Kenyatta, informed the meeting that DRC had met all the set criteria
for admission as provided for in the Treaty.4

Article 5 of the Treaty for the Establishment of the EAC, provides the
objectives of the Community which include developing policies and
programmed aimed at widening and deepening co-operation among the
Partner States in political, economic, social and cultural fields, research and
technology, defense, security and legal and judicial affairs, for their mutual
benefit.5
The Summit sets the overarching strategic direction for the EAC’s policies,
ensuring new and existing members work toward shared goals such as a
Common Market, Customs Union, and ultimately a Political Federation. This
unified vision makes the EAC attractive to potential members seeking
economic growth and political stability through regional cooperation.
In August 2004, the summit of the heads of state for the EAC appointed a
committee to carry out a study on the possibilities of achieving an East
African Political Federation, this was as in Article 123 paragraph 6 which
empowers the summit to initiate the process towards the establishment of a
Political Federation of the partner states by directing the council to undertake
the process.6

4
“COMMUNIQUÉ OF THE 18TH EXTRA-ORDINARY SUMMIT OF THE EAST AFRICAN COMMUNITY HEADS OF STATE.”
Accessed November 12, 2024.
https://www.eac.int/communique/2312-communiqu%C3%A9-of-the-18th-extra-ordinary-summit-of-the-east-
african-community-heads-of-state.

5
“Article 5 Treaty for the establishment of East Africa Community1999 - Search.” Accessed November 12, 2024.
6
“EAC Summit Key Driver of Regional Integration Process - Business Daily.” Accessed November 12, 2024.
https://www.businessdailyafrica.com/bd/economy/eac-summit-key-driver-of-regional-integration-process-
1977102.
The 1967 Treaty focused more narrowly on economic cooperation without a
robust framework for addressing governance, democracy, or human rights,
nor did it emphasize a people-centered approach. The 1999 Treaty reflects
lessons learned from the challenges that led to the initial collapse of the EAC
in 1977, embedding principles that enhance stability, inclusivity, and
flexibility. Article 6 and 7 of the treaty provides for the principles. the
principles in Articles 6 and 7 have provided a solid foundation for EAC
enlargement, allowing the Community to welcome new members, including
Rwanda and Burundi in 2007 and South Sudan in 2016. 7

One of the objectives of the treaty is Peaceful coexistence, good

neighborliness, and mutual benefit. The Summit provides high-level
coordination, helping overcome obstacles to integration that may arise due
to differing national interests. This harmonization ensures that new members
are integrated smoothly, strengthening the community and fostering
peaceful coexistence, a key condition for the attraction of new members.

There is also the principle of sovereign equality according to the 1999

treaty decisions of the Summit are taken by consensus as provided in Article
12(3) this discourages the “winner take all mentality” in the system of
decision making and also discourages the “Nairobi Mentality “that was in
the first EAC where Uganda and Tanzania had accused Kenya of arrogance
and entitlement that no decision would be made without clearance from
Nairobi.8

7
“Article 6 of the Treaty for the Establishment of the East Africa Community 1999 - Search.” Accessed November
12, 2024.
“Article 7 of the Treaty for the Establishment of the East Africa Community 1999 - Search.” Accessed November 12,
2024.
8
“(PDF) PRINCIPLES GOVERNING EAST AFRICAN COMMUNITY.” Accessed November 12, 2024.
https://www.researchgate.net/publication/369858339_PRINCIPLES_GOVERNING_EAST_AFRICAN_COMMUNITY.
 Another principle is the Promotion of good governance: This includes
principles of democracy, rule of law, accountability, transparency, and
respect for human rights. In article 3(4) while admitting new members to
the community the summit reviews whether applicant states meet the EAC’s
criteria for membership, such as governance standards, commitment to
economic integration, and adherence to principles of democracy, rule of law
and observance of human rights and social justice
Article 7 of the EAC treaty provides for the principle of people
centered community that was enshrined in the 1999 treaty in an attempt
to avoid similar mistakes that led to the collapse of the first EAC in 1977. It
aims at bringing mutual development to the people of EAC partner
states .the community is not only to be known but also owned by the EAC
citizens for whose interests the community was revived. The community
may be made people centered through how it has established organs such as
the summit in which the partner states commit themselves towards putting
the people of the community at the center of regional integration process. 9

By prioritizing and upholding the Treaty principles, the Summit fosters

commitment to shared values, making membership in the EAC more
appealing to countries aiming for sustained regional cooperation.
Therefore, the strength of the Summit, as an institution created and
empowered by the Treaty, substantiates the claim that the Treaty’s tenacity
has played a role in the EAC’s expansion. While the Treaty provides the
framework, the Summit’s active role in implementing and upholding it has
been crucial to the Community's enlargement and appeal to new members.

9
“General Principles Governing EAC Integration by Khoti Kamanga, Ally Possi :: SSRN.” Accessed November 12,
2024. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3058831.
“CHAPTER 6 General Principles Governing EAC Integration from East African Community Law: Institutional,
Substantive and Comparative EU Aspects on JSTOR.” Accessed November 12, 2024.
https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.15?seq=2.
BIBLIOGRAPHY
Treaty
1999 treaty of the establishment of the EAC
ARTICLES AND WEBSITES

Article 9(1)(a) Treaty FOR ESTABLISHMENT OF EAST AFRICA COMMUNITY

1999 - Search.” Accessed November 12, 2024. https://www.bing.

“Article 11 Treaty FOR ESTABLISHMENT OF EAST AFRICA COMMUNITY 1999 -

Search.” Accessed November 12,
“Article 3 Treaty FOR ESTABLISHMENT OF EAST AFRICA COMMUNITY 1999 -
Search.” Accessed November 12, 2024
“COMMUNIQUÉ OF THE 18TH EXTRA-ORDINARY SUMMIT OF THE EAST
AFRICAN COMMUNITY HEADS OF STATE.” Accessed November 12, 2024.
https://www.eac.int/communique/2312-communiqu%C3%A9-of-the-18th-
extra-ordinary-summit-of-the-east-african-community-heads-of- state.
“Article 5 Treaty for the establishment of East Africa Community 1999 -
Search.” Accessed November 12, 2024.
“EAC Summit Key Driver of Regional Integration Process - Business Daily.”
Accessed November 12, 2024.
https://www.businessdailyafrica.com/bd/economy/eac-summit-key-driver-of-
regional-integration-process-1977102.
“Article 6 of the Treaty for the Establishment of the East Africa Community
1999 - Search.” Accessed November 12, 2024.
“Article 7 of the Treaty for the Establishment of the East Africa Community
1999 - Search.” Accessed November 12, 2024.
“(PDF) PRINCIPLES GOVERNING EAST AFRICAN COMMUNITY.” Accessed
November 12, 2024.
https://www.researchgate.net/publication/369858339_PRINCIPLES_GOVERNIN
G_EAST_AFRICAN_COMMUNITY
“General Principles Governing EAC Integration by Khoti Kamanga, Ally
Possi :: SSRN.” Accessed November 12, 2024.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3058831.

“CHAPTER 6 General Principles Governing EAC Integration from East African

Community Law: Institutional, Substantive and Comparative EU Aspects on
JSTOR.” Accessed November 12, 2024.
https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.15?seq=2.