Kenyan legal giants Martha Karua and former Chief Justice Willy Mutunga, backed by four other activists, have taken Tanzania to the East African Court of Justice. They allege unlawful detention, denial of entry, and deportation, and are demanding an apology along with general damages.
Highlights:
- Petitioners accuse Tanzanian authorities of violating EAC treaty rights.
- They seek a formal apology and unspecified general damages.
- The suit targets actions including refusal of entry and forced removal.
- The case raises regional concerns about freedom of movement and human rights.
- EACJ’s decision may set a precedent for intra-regional travel rights.
Main Story
The suit is led by Martha Karua, former Kenyan presidential aspirant and justice minister, and former Chief Justice Willy Mutunga. They are joined by four other civil society actors, each alleging they faced unlawful detention, entry refusal, and deportation when travelling to Tanzania.
Under the East African Community (EAC) Treaty, citizens of partner states have the right to free movement, residence, and establishment. The petitioners assert that Tanzanian officials denied these entitlements—detaining and deporting them without due process, thereby violating Articles 6 and 7 of the Treaty.
- A formal apology from the Tanzanian government for the mistreatment.
- General damages, to compensate for the infringed rights and humiliation suffered.
- Affirmation of movement rights, reinforcing regional best practice under the EAC framework.
This lawsuit comes amid growing concern over human rights and regional integration. As high-profile regional figures, Karua and Mutunga’s challenge tests whether partner states can lawfully limit cross-border political and civic engagement. The case could also clarify how EAC law addresses extrajudicial treatment of visitors from member countries.
The case is now before the East African Court of Justice in Arusha, which will determine if Tanzania breached its Treaty obligations. A ruling here could shape legal expectations of member states on travel freedoms and redress mechanisms.
As the EACJ considers this landmark petition, observers across the region will be watching closely — will justice and regional trust prevail at the crossroads of borders and rights
