Abstract
The importance of language as a means of communication in regional courts is something that does not require much debate. Of course, language is the “natural environment” of the law, in which all legal acts are fulfilled. The language in which we choose to teach, practice and engage actors on regional laws, such as in the East African Community, has political and operational implications; it is not a choice to be made lightly. In this regard, the dominance, if not monopoly, of the English language within the East African Court of Justice (“EACJ”), twenty-two years after its establishment, is something that citizens, lawyers, and scholars within the East African Community (“EAC”) should be concerned about.
Through this article, I will first argue why Swahili as a language should be used in the EACJ as the foremost official and working language. This view is not only to make Swahili the dominant language for access to justice, but also to liberate this court from the shackles of colonialism that continue to oppress the citizens of the EAC by making Swahili appear as an unsuitable language to be used in the Court or legal university education. I will then argue that if Swahili is to be introduced as an official working language in the EACJ, this will be an important step in the liberation of colonial court systems and the strengthening of access to justice in the East African region.
The arguments are based on five key pillars. The first pillar is that the EAC missed an opportunity at its inception to make Swahili a working language of the EACJ. Secondly, I argue that no prejudice would be suffered if Swahili is introduced as a working language of the court. Thirdly, I argue that Swahili has earned a globalized space, and therefore it no longer needs justification for being a small language that can’t be an integral part of justice dispensation. The fourth pillar argues that culture and tradition form an integral part of the court, and thus, language must become an important tool of the court tradition and the actors at the court. I then conclude by offering a conclusion towards introducing Swahili as a working language of the EACJ.
Cite As: John S. Nyanje, ‘Swahilinisation’ of the East African Court of Justice: Decolonising Through Language, Volume 5, AfJIEL, (2025), 161-189.