Justice Charles Nyachae has revealed the reasons behind his resignation from the East African Court of Justice (EACJ), shedding light on the challenges he faced during his tenure.
Appearing before the Independent Electoral and Boundaries Commission (IEBC) selection panel on Monday, Nyachae discussed his decision, offering insight into the struggles he encountered working within an ad hoc court system.
He explained that the East African Court of Justice while being a judicial body for the East African Community, operated in a manner that made it difficult to carry out his duties effectively.
The court functions on a set calendar, holding four sessions annually.
According to Nyachae, due to recurrent cancellations of these sessions, largely brought on by the financial instability within the East African Community (EAC), he found himself in a difficult position.
“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 noted.
He continued by highlighting that in 2023, the court’s inactivity led to him being paid $2,000 (Sh258,700) a month for no work.
“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 stated, emphasizing how this lack of work during inactive periods further contributed to his decision.
On November 26, 2023, Nyachae officially resigned from his role as a judge at the EACJ. He had been appointed by former President Uhuru Kenyatta in 2018 to serve as a judge.
The EACJ, one of the main organs of the East African Community, was meant to support the judicial needs of the region, but Nyachae’s experience led him to reconsider his position.
Reflecting on his time at the court, Nyachae expressed his frustration with the situation, noting that his ability to contribute meaningfully was severely limited.
“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,” he explained.
After much reflection, Nyachae decided to voice his concerns to the Kenyan president, the authority responsible for his appointment.
“I said this is not working, and I would appreciate the opportunity to resign and pursue other endeavors,” Nyachae shared.
He stressed that this decision, while difficult, was a necessary step for both his personal integrity and the greater good of the East African community.
Nyachae concluded by describing his decision as a matter of principle.
He believed it was no longer justifiable to remain in a role where he felt his contributions were futile.