Six prominent Kenyan citizens, including former Chief Justice Dr Willy Mutunga and Senior Counsel Martha Karua, have filed a legal suit against the Government of Tanzania after being denied entry into the country to attend the trial of Tanzanian opposition politician Tundu Lissu.
The group, which also comprises Law Society of Kenya Council member Ms Gloria Kimani, Ms Lynn Ngugi, Mr Hussein Khalid, and Ms Hanifa Adan, was barred from entering Tanzania on 18 May. They were travelling to observe court proceedings scheduled for the following day, 19 May.
In a petition lodged at the East African Court of Justice (EACJ), the six are seeking special damages, a public apology, and the removal of the “refusal of entry” stamps placed in their passports. The applicants argue that the actions of the Tanzanian authorities violated their rights as residents of the East African Community (EAC).
“The actions of the respondent (the Government of Tanzania) against the 1st, 2nd, 3rd, 4th, 5th, and 6th applicants, as affected residents of the East African Community, in their detention and refusal of entry, constitute a failure on the part of the respondent to abstain from measures likely to jeopardise the implementation of the provisions of the Treaty and Protocol, as required under Article 8(1)(c) of the East African Community Treaty, 1999 (as amended),” the petition reads.
- Former CJ Mutunga denied entry to Tanzania ahead of Lissu’s trial
- It is self-defeating for Tanzania to deport Karua, Mutunga
The East African Law Society and the Pan African Lawyers Union have also joined the petition as co-applicants, backing the case filed before the regional court based in Arusha.
The petition raises critical concerns about the rights of East African citizens to move freely within the region, as stipulated in the EAC Treaty, and is likely to ignite fresh debate on regional integration and state sovereignty.
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