Kenya is a member of the EAC, which oversees regional trade. Article 37 of the EAC Customs Union Protocol, which refers to “trade agreements with countries and organisations outside the customs union”, states that countries are only required to communicate to the EAC Secretary General the terms of a trade agreement if it “intends to conclude or amend an agreement with a third party for review and advice”. As such, Kenya has not breached EAC legislation, as the protocol does not prevent member states from pursuing a free trade agreement as long as they inform the EAC for an opinion. But what remains unanswered is the implication of the “comments” of the EAC Secretary General, as it is not certain that the comments can terminate an agreement with the third party. The article is ambiguous and reveals some of the flaws that prevail in Africa`s regional trade rules. .