KDRTV News – Nairobi: A high-stakes legal battle is set to unfold at the East African Court of Justice (EACJ) as a prominent group of Kenyan lawyers and activists, spearheaded by former Chief Justice Dr. Willy Mutunga and veteran politician Martha Karua, have filed a petition against the Tanzanian government. The petitioners accuse Tanzania of unlawful detention, denial of entry, and deportation, claiming their rights as East African citizens were gravely violated.
The incident occurred between May 18 and 19, 2025, when the group, including Gloria Kimani, Lynn Ngugi, Hussein Khalid, and Hanifa Adan, traveled to Dar es Salaam to observe the treason trial of Tanzanian opposition leader Tundu Lissu. They allege they were detained at Julius Nyerere International Airport, had their passports confiscated without explanation, and were subsequently deported back to Nairobi. This action, they argue, undermined principles of open justice and civic participation.
The petition, jointly filed with the East Africa Law Society (EALS) and the Pan African Lawyers Union (PALU), asserts that Tanzania’s conduct breached several provisions of the East African Community (EAC) Treaty, including Articles 6(d), 7(2), 76, 104, and 8(1)(c), which guarantee rule of law, transparency, and the fundamental right to free movement within the bloc. The Kenya Human Rights Commission (KHRC) has also condemned Tanzania’s actions, highlighting violations of international human rights obligations such as the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).
The petitioners are seeking a public apology from the Tanzanian government, general damages for mental anguish and reputational harm, and special damages to cover their travel-related costs. They also demand the removal of “refused entry” stamps from their passports and a court order restraining Tanzania from further infringing on the free movement rights of East African citizens.
Tanzanian Minister for Constitutional Affairs and Justice, Damas Ndumbaro, previously defended the deportation, stating that Karua, Kimani, and Ngugi lacked the necessary license to practice law in Tanzania. However, critics argue that observing a trial does not constitute practicing law. The case is expected to be heard at the EACJ headquarters in Arusha, with a hearing date to be set in the coming weeks.
This case could establish a significant precedent for enforcing regional rights and upholding the principles of the East African Community.
