In recent days, there is a great interest in Kenya and the US finalising their trade agreement. There are concerns that the agreement might violate the ratified African Continental Free Trade Area (AfCFTA) and the East African Community (EAC) Customs Union. Article 37, Clause 3 of the EAC Customs Union protocol on coordination of trade relations states that negotiation with any third parties should be mutually beneficial to all members and that participation and joint representation should be considered in international trade.
Article 4, clause 2 of the AfCFTA on most favoured nation treatment gives room for state parties to make autonomous agreements with third parties as long as the objectives of the protocol are not undermined or hindered. It also ensures that any advantage, concession or privilege offered to the third party is also extended to other state parties involved in the ratification….
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