Former Chief Justice Dr. Willy Mutunga and Senior Counsel Martha Karua have filed a legal petition against the Tanzanian government at the East African Court of Justice (EACJ), citing unlawful detention, refusal of entry, and deportation. The case, jointly filed with four other human rights defenders, Gloria Kimani, Lynn Ngugi, Hussein Khalid, and Hanifa Adan, alleges serious violations of the East African Community (EAC) Treaty.
The group claims that on May 18 and 19, 2025, they were detained without explanation at Julius Nyerere International Airport in Dar es Salaam. Their passports were allegedly confiscated before they were deported back to Kenya. The six had traveled to Tanzania as part of an international observer mission to monitor the treason trial of Tanzanian opposition leader Tundu Lissu, which was scheduled to begin on May 19.
According to the petition, the Tanzanian government’s actions contravened multiple provisions of the EAC Treaty, particularly those relating to the rule of law, good governance, transparency, and the right to free movement of East African citizens. The group argues that their exclusion not only infringed on their individual rights but also undermined public participation and the principle of open justice.
In addition to a public apology, the applicants are seeking general and special damages for mental anguish, reputational damage, and travel-related losses. They are also calling for the removal of “refused entry” notations from their passports and a court order to prevent Tanzania from repeating similar violations.
The petition is supported by two regional legal bodies, the East Africa Law Society (EALS) and the Pan African Lawyers Union, who have joined the case as public interest litigants. The case references several provisions of the EAC Treaty and the EAC Common Market Protocol, including Articles 6(d), 7(2), 76, 104, and 8(1)(c).
The matter is expected to be heard in Arusha, with the court anticipated to set a date for directions in the coming weeks. Legal experts say the outcome could set an important precedent for the protection of regional rights and freedoms under the EAC framework.
Written By Rodney Mbua
