KENYA WALKOUT SPARKS RIFT IN EAC

There was drama in Arusha early this month when the Kenyan delegation, led by Attorney General (AG), Ms Dorcas Agik Oduor, walked out of the East African Community (EAC) 58th extraordinary Council Meeting. The move followed failure to reach consensus on whether to extend for six more months the employment of short-term staff whose contracts expired on June 30, this year.

The incident was seen in several quarters as a “bad omen” for the future of the EAC, which was revived about 25 years ago and has since grown from the original three members – Tanzania, Kenya and Uganda – to eight.

The Arusha News supports the substance of the Kenyan position while reserving the rights to concerns over the manner in which it was presented.

Beyond financial constraints, the EAC – which has set its sights on eventual political federation – has faced criticism from observers who say some of its employment practices fall short of international labour standards. However, at the heart of the dispute is the challenge of unpaid membership fees by at least four of the newer members: Burundi, DR Congo, Somalia and South Sudan. For example, official figures show that Burundi has paid only USD 200,000 this year against the USD 7.0 million expected from each country. A previous arrangement that pegged contributions to the size of national economies was dropped over concerns that larger economies could dominate decision-making — with Kenya often cited as an example.

The question of employment quotas has also remained contentious. Some member states have been accused of pressing for staffing entitlements despite falling behind on their financial obligations. Analysts warn that such practices, if unresolved, could undermine the stability of the bloc, recalling that the original EAC collapsed in 1977 under similar strains.

In June 2024, the Council of Ministers directed the Secretariat to issue one-year non-renewable contracts to 49 short-term staff, which ended on June 30, 2025. However, on June 11, the Secretary General (SG) asked partner states to allow a six-month extension. Seven countries agreed but Kenya objected. Under the EAC Treaty, all decisions must be made by absolute consensus.

Kenya argued that the EAC Staff Rules and Regulations (2006) do not provide for employment of personnel on short-term contracts. The 45th ordinary Council of Ministers meeting held in Arusha from June 22, to June 28, 2024 was the first Council to address the irregularity of short-term contracts where it noted: “The employment of persons on short-term contracts was irregular and it is necessary for the Council to bring the irregularity to an end in a humane, equitable and legal manner.” Apparently, the Kenyan delegation at the 58th extraordinary Council Meeting stood uncompromisingly in favour of that earlier position and commitment.

As a result, the Secretariat may need to call for another extraordinary meeting to resolve the matter. Technically though, the 49 staff ceased to be EAC employees at the end of June, although some had served for close to 20 years with contracts renewed every six months. Council meetings are normally held only twice a year, in April and November, followed by a Summit of Heads of State.

Had the 58th extraordinary meeting produced a report, the issue could have gone to the Summit in November for consideration and possibly another extension into 2026. But when Kenya’s delegation left, the Council Chairperson, Ms Beatrice Asukul Moe, who is also Kenya’s Cabinet Secretary for EAC, Arid and Semi-Arid Lands (ASALs), followed suit. That effectively ended the session without a formal report.

Several analysts suggested that the Kenyan walkout — described by some as undiplomatic — may have been aimed at preventing President William Ruto from facing united pressure from the other seven partner states, all of whom supported extending the short-term contracts. President Ruto is currently the chairperson of EAC Summits for a one-year term that ends in December.

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