Why I resigned from the East African Court of Justice - Nyachae
The decision, according to him, was not an easy one, but it was one he felt necessary for both his personal integrity and the betterment of the East African community.
Charles Nyachae shed light on his decision to resign from the East African Court of Justice when he appeared before the Independent Electoral and Boundaries Commission (IEBC) selection panel on Monday.
He explained that the challenges of working with an ad hoc court, plagued by frequent cancellations and financial instability, led him to reassess his position and ultimately step down.
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“The East African Court of Justice is established as the judicial arm of the East African Community, but it is an ad hoc court,” Nyachae said, explaining that the court operates on a set calendar with four sessions a year.
However, he noted that these sessions had been regularly cancelled in recent years due to financial constraints within the East African Community.
“The situation became so bad that, for the whole of 2023, I found myself earning $2,000( Sh258,700) a month for doing nothing,” Nyachae added, noting the lack of meaningful work during the court’s inactive periods.
He went on to express his frustration with the court’s dysfunction, which was impeding his ability to contribute meaningfully.
“I thought long and hard, and I realized that I was not adding value to the people of East Africa by remaining in a court that hardly operated,” Nyachae explained.
Feeling that he was not being fair to himself or the people he served, he took the bold step of bringing his concerns to the President of Kenya, the appointing authority.
“I said this is not working, and I would appreciate the opportunity to resign and pursue other endeavours,” Nyachae said.
The decision, according to him, was not an easy one, but it was one he felt necessary for both his personal integrity and the betterment of the East African community.
“It was a matter of principle Nyachae said, insisting that he could no longer continue in a role where he felt his efforts were futile.
On November 26, 2023, Justice Nyachae resigned as a judge of the East African Court of Justice.
His resignation was announced by the East African community in a Communique of the 23rd Ordinary Summit of the Heads of State. The EAC then commended him for his dedicated service to the community.
Nyachae was appointed by former President Uhuru Kenyatta in 2018 to serve as a judge in EACJ. The EACJ is one of the organs of the EAC established under Article 9 of the Treaty for the Establishment of the EAC. Its main purpose is to ensure adherence to the law in the interpretation and application of and compliance with the Treaty.
Nyachae is a former chairman of the defunct Commission for the Implementation of the Constitution (CIC) boss.
He served as the CIC chair since its establishment in 2010 after the promulgation of the Constitution until 2015.
Besides chairing the commission, he was instrumental in the push for constitutional reforms while serving as the secretary of the Kenyan Chapter of the International Commission of Jurists (ICJ).
He is among the 11 shortlisted candidates being interviewed by the selection panel, chaired by Dr. Nelson Makanda for the IEBC chair position.
The new chairperson will replace the late Wafula Chebukati, who completed his six-year term in 2023 and passed away last month. The interviews are being held at the College of Insurance in South C, Nairobi.
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