EFFECT OF COVID-19 CONTAINMENT MEASURES ON THE RIGHT TO FREE MOVEMENT UNDER EAST AFRICAN COMMUNITY COMMON MARKET LAW

Priscah Wamucii Nyotah

Abstract

The right of establishment is provided for under the Protocol on the Establishment of the East African Community Common Market (Common Market
Protocol). It entitles nationals of an East African Community (EAC) Partner
State to move into another Partner State, establish themselves and carry
out economic activities. The attainment of the right of establishment is one
of the key drivers towards the achievement of the accelerated economic
growth and development of the Partner States. Due to the Covid-19 pandemic, the EAC Partner States have invoked protection of public health as
a ground to restrict the movement of citizens of other Partner States into
their territories. Through content analysis method, this paper analyses the
provisions of the Common Market Protocol in facilitating the realisation of
the right of establishment in the wake of pandemics such as Covid-19, with a
focus on free movement of persons. It finds that there are no parameters on
the invocation of threat to public health as a ground for limiting free movement under the Common Market Protocol. It concludes that this lack of
guiding provisions contributes to the violation of the right of establishment