By Faith Cherop
Former Chief Justice of Kenya Dr. Willy Mutunga and People’s Liberation Party (PLP) leader Martha Karua have filed a legal petition against the government of Tanzania at the East African Court of Justice, accusing it of violating their fundamental rights and freedoms.
The two prominent Kenyan figures, along with other petitioners, were detained and deported from Tanzania last month while attempting to attend and observe the ongoing trial of Tanzanian opposition leader Tundu Lissu. They argue that their removal not only contravened their individual rights as citizens of the East African Community (EAC), but also undermined the principles of open justice, freedom of movement, and the right to a fair trial.
In their court filing, the petitioners claim the Tanzanian government’s actions amounted to an abuse of power, which disrupted their legitimate purpose of observing a high-profile political trial.
“An order directing the respondent to pay general damages to the applicants, affected residents of the East African Community, for the actions that are in contravention of the treaty and Common Market Protocol and the mental anguish, pain, and suffering,” reads a section of the petition.
They are demanding an official apology, general damages for mental distress, and special damages to cover the costs incurred during the aborted trip. The petition also seeks to reaffirm the rights of EAC citizens to freely travel and engage in civil and political processes across member states.
Tanzanian Minister for Constitutional Affairs and Justice, Damas Ndumbaro, previously defended the deportation, arguing that Mutunga, Karua, and their team lacked the proper accreditation to participate in legal proceedings in Tanzania.
“They were not licensed to practice law in Tanzania. Their intentions, though political in nature, crossed into unauthorized legal activity,” Ndumbaro stated during a press briefing last month.
However, the petitioners maintain that their presence was solely as observers, not legal practitioners, and that the Tanzanian government's actions violated EAC commitments to transparency, cooperation, and human rights.
The case now before the East African Court is expected to test the limits of regional integration, particularly regarding the rights of individuals across borders in matters of justice and political participation.
Observers say the ruling could set a critical precedent on how EAC member states treat political actors and activists from neighboring countries, especially in politically sensitive cases.
The East African Court of Justice is expected to announce preliminary hearing dates in the coming weeks.
0 $type={facebook}:
Post a Comment
Note: Only a member of this blog may post a comment.