A People Centred Community: How We Lost the EALA Debate on Representation

Abstract

As a regional economic bloc, the main objectives of the East African Community (EAC) s the "widening and deepening cooperation among its Partner States in among other areas the political, economic, social and cultural fields. "1 In order to achieve these objectives, the Treaty for the establishment of the East Africa Community (Treaty) sets out fundamental and operational principles to govern the achievement of the objectives.2 In the con­ text of Law of Economic Integration, principles founded in a Treaty are generally regarded both as a source of law and guidelines on which states in an integration bloc are expected to adhere to.3 The fundamental principles alluded to above include; "good governance including the adherence to the principles of democracy, the rule of law ... transparency, gender equality as well as the promotion and protection of human and people's rights in accordance with the provisions of the African Charter on Human and Peoples Rights. "4 On the other hand the operational principes which are aimed at governing the practical achieve­ ment of the objectives include among others "a people centred and market driven economy. "5 The East African Legislative Assembly (EALA) is currently in the process of constituting its membership for the fourth Assembly since its inception. Entry into EALA (membership is drawn from each of the Partner States)6, follows a pro­ cess of election, conducted by the Parliament of each Partner State, in accordance with the rules developed by the Parliament of the Partner State.7 In Kenya, the eection of the members to the EALA has hit a deadlock on account of the failure by the Minority Coalition (Cord) to submit more names for election,8 as proposed by the Joint Parliamentary Select Committee on Election of Members to the EALA(JPSC).9 Athough the formua on the sharing of slots by the both the Majority and Minority Coalition has been agreed, the present impasse threatens to derail the entire process. This piece challenges the formula adopted by Parliament on the sharing of slots. The argument propounded here is that the formula largely ignores the participatory role ....