Ugandan lawyer sues Kenya for recalling EAC secretary general

Arusha. A Ugandan lawyer has moved to the East African Court of Justice (EACJ), challenging the removal of East African Community (EAC) Peter Mathuki as the secretary general.

Hassan Mabirizi moved to the Arusha-based regional court to oppose President William Ruto's decision to recall the boss of the regional organisation.

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The lawyer stated that the decision by Kenya to recall the Secretary-General and replace him with another appointee was unlawful.

In his prayers to the court, he sought a permanent injunction imposed on Kenya restraining President William Ruto’s government from nominating another Kenyan national to Mathuki’s position.

“Your applicant states that the March 8, 2024 action and decision of the President of the Republic of Kenya to replace Secretary General of the East African Community, Peter Mathuki, before the expiry of his fixed five-year term, any appointment of successor that may arise from such an assumption of office and carrying out any activities or work in that office on the strengths of such a replacement are unlawful,” the filed court documents read in part.

In his argument, the lawyer states that this move was in contravention of the EAC treaty, which states that “the Secretary-General shall serve a fixed five-year term.”

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Additionally, the lawyer faulted Kenya for disregarding the Rule of Law and Equal Opportunities Doctrine, which is a fundamental principle of the EAC, as well as Article 7(2) of the EAC Treaty, which sets the rule of law as an operational principle of the community.

As such, the lawyer now wants the regional court to issue an order annulling the decision by Kenya to replace Mathuki.

“Your applicant prays that the court issues a permanent injunction restraining Kenya from furtherance with the implementation of the March 8, 2024 action and decision of the President of Kenya to replace Secretary General East African Community, Peter Mathuki, before the expiry of his fixed five-year term,” the lawyer added in his petition.

The lawyer further wants the East African Community Summit, Parliament, and/or Council of Ministers to implement any decision by Kenya to replace Mathuki.

The EAC Court of Justice has further been petitioned to award general, exemplary, punitive and aggravated damages to the Applicant.