ARUSHA, Tanania — Former Chief Justice Dr. Willy Mutunga, Senior Counsel Martha Karua, and four prominent human rights activists have filed a case at the East African Court of Justice (EACJ) against the Tanzanian government. The group alleges unlawful detention, refusal of entry, and subsequent deportation, claiming a blatant violation of their rights as East African citizens.
The applicants, who also include activists and human rights defenders Gloria Kimani, Lynn Ngugi, Hussein Khalid, and Hanifa Adan, assert that their fundamental rights were infringed upon when they were blocked from entering Tanzania.
Their intention was to observe the treason trial of opposition leader Tundu Lissu, a matter of regional significance scheduled to commence on May 19, 2025.
According to their petition, on May 18-19, 2025, they were detained without explanation at Julius Nyerere International Airport in Dar es Salaam, had their passports confiscated, and were then deported back to Kenya.
They emphasize that their presence in Tanzania was part of an international observer mission, aimed at monitoring Lissu’s public legal proceedings.
The group is seeking comprehensive redress from the Tanzanian government, demanding a public apology, as well as general and special damages to compensate for the mental anguish, reputational harm, and travel costs incurred during the ordeal.
Filed jointly with two public interest litigants, the East Africa Law Society (EALS) and the Pan African Lawyers Union, the case accuses Tanzania of violating multiple provisions of the East African Community (EAC) Treaty.
Specifically, the petition cites breaches of Articles 6(d), 7(2), 76, 104, and 8(1)(c) of the EAC Treaty and the EAC Common Market Protocol of 2009, which guarantee principles such as the rule of law, good governance, transparency, and crucially, the right to free movement across member states.
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The applicants further contend that their exclusion undermined civic participation and infringed upon the principle of open justice.
Beyond financial compensation and an apology, the applicants are also seeking the removal of “refused entry” notations from their passports and a court order restraining Tanzania from further infringements on the free movement rights of East African citizens.
The case is anticipated to be formally transferred to the EACJ in Arusha, where the court is expected to set a date for directions in the coming weeks.
The outcome of this landmark case could establish a significant precedent for the enforcement of regional rights and freedoms within the East African Community.
