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RESPONSE TO THE CABINET SECRETARY’S MEMO ON THE UK-KENYA EPA.

3rd March 2021

• Para 2.5. The process is not in compliance with Article 37 of the EAC Customs Union Protocol
A Partner State may separately conclude or amend a trade agreement with a foreign country provided
it that the terms of such an agreement or amendments are not in conflict with the provisions of this
Protocol (substance / contents of the agreements) and subject to the procedural requirements
stipulated in Article 37.4(b)-(e)
Article 37.4(b)-(e) of the EAC Customs Union Protocol lays out the following steps:
1) Partner to send proposed agreement to the EAC Secretary General (SG), who shall
communicate it to other Partner States within 30 days, for their consideration
2) Other Partner States to make comments and proposals as they may deem appropriate, within
90 days from the receipt of the SG’s notification, before the conclusion or amendment of the
agreement. Where the Partner States do not submit comments and proposals within 90 days,
the concerned Partner State may conclude or amend the said agreement
3) Following receipt of comments and proposals in the 90-day period, SG to convene Council
meeting within 60 days to consider comments and proposals
The agreement was signed on 8 December 2020. Government can argue that there was a lack of time
before conclusion of the agreement, but some time has passed now. If the above process would have
been followed, it could almost have been completed by now. Furthermore, negotiations began on 25
August 2020.
Action point: government to follow the procedural requirements of Article 37 EAC Customs Union
Protocol before Parliament can consider ratification

Econews-Africa-Response-to-Cabinet-Secretary-Memo-on-the-UK-Kenya-FTA-1.pdf (40 downloads)