Ugandan Lawyer Sues Kenya for Recalling EAC Boss

GOOBJOOG NEWS | KAMPALA: A Ugandan lawyer has sued the Kenyan government over the “illegal” removal of Peter Mathuki as Secretary General of the East African Community.

Lawyer Hassan Male Mabirizi’s suit against the Attorney General of Kenya and Dr Mathuki at the East African Court of Justice Reference No. 14 of 2024 challenges the recall, saying it “reduces the office of Secretary General to a mere ambassador”.

Mbirizi argued that according to Article 67 of the EAC Treaty, a partner state nominates a person to the post of Secretary General and the Secretary General is appointed by the Heads of State Summit (not a president of that one country).

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

“Your applicant states that the March 8 action and President Ruto’s decision to replace EAC Secretary General Dr Peter Mathuki before the expiry of his 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.

Mabirizi further states that this move was in contravention of the EAC treaty which states that “the secretary-general shall serve a fixed five-year term”.

The Ugandan 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.

Mabirizi now wants EACJ 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 action and decision by President Ruto to replace Dr Mathuki,” the lawyer added in the petition.

Mathuki is poised to be replaced by Caroline Mwende Mueke, subject to approval by the next Heads of State Summit..