Constitutional amendment in the offing as EAC Heads of State meet

By Luke Anami

East African Community Heads of States will meet later this month to amend the EAC Treaty to allow for direct election of East African Legislative Assembly members.

The 13th Ordinary Summit, which will take place in Burundi on November 30, will also consider proposals to strengthen the EAC Secretariat and the EAC Court of Justice.

"Amendments of the EAC Treaty are part of the agenda lined up in the summit in Burundi," Musa Sirma, EAC Minister said during a press conference on Wednesday.

"Eala has made proposals on how its members shall be elected following a case by Anyang’ Nyong’o and others against the Government of Kenya."

The proposals include having direct election of Eala members. Currently names are proposed along party lines and passed by Parliament.

Include changes

"I am worried about those who are against amending the Constitution because if the proposals are passed, Kenya will have to amend its Constitution to include the changes as the EAC Treaty supersedes our Constitution," Sirma, who was accompanied by his PS David Nalo and Integration Secretary Barrack Ndegwa, said.

The minister also took issue with the Kenyan Constitution for failing to include or mention Eala, even though laws passed by the Eala are binding to Kenya.

"Although the Constitution says Kenya will abide by international treaties that we are signatory to, this Constitution failed to consider Eala. We will have to amend the Constitution to accommodate any changes Eala may make," Sirma said.

Sirma said the summit would also consider a report of the Council of Ministers on the proposed single Customs territory and a report of a team of experts on how to address the challenges of a political federation.

"Amendments of the EAC Treaty are part of the agenda of the summit in Bujumbura," he said.

Others include proposals to strengthen EAC Secretariat and considering permanent judges to the EAC Court of Justice.