IMPLEMENTATION OF THE EAST AFRICAN COMMUNITY COMMON MARKET PROTOCOL IN KENYA
CASE OF FREE MOVEMENT OF ADVOCATES
Abstract
This study examined the application of the East African Community Common Market Protocol in Kenya with particular attention to the freedom of advocates. It 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. As is clear from chapter 3, the researcher specifically recruited at least 10 respondents from each of the study's target regions who were closely concerned with the topic. 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. States being egocentric in nature, the idea of liberal institutionalism becomes a concept that states are shy to fully embrace. Skilled labor migration fills in any gaps in the labor market, and second, labor migration increases cross-border synergies among Partner States and have a large positive ripple impact on reducing poverty in the region. Therefore, it's crucial to consider regional integration in East Africa as a need rather than a choice. Kenya should push to have a fully functioning East African Law Society. Noting that the institution is meant to unite the advocates under the East African Community, it should also be used to confirm the eligibility of any advocate from any East African Community member state. The Law Society of Kenya, not the Attorney General's office, should have the authority to grant foreign advocates permission to practice law in Kenya. This is due to the fact that all attorneys, including those working for the Office of the Attorney General, are members of the Law Society of Kenya, not the other way around. In this manner, the protocol's implementation will no longer be influenced by national politics. However, the Kenyan Law Society and the Attorney General should work together to hold each other accountable and should both hold seats in the East African Law Society.
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