Lawyer Mabirizi sues Kenya for recalling EAC boss Mathuki
Recalled East African Community (EAC) Secretary General Dr Peter Mathuki. PHOTO | THE CITIZEN | NMG
What you need to know:
- The lawyer stated that the decision by Kenya to recall Dr Mathuki and replace him with another appointee was unlawful.
A Ugandan lawyer has moved to East Africa's regional court to challenge the removal of Dr Peter Mathuki as the secretary general of East African Community (EAC).
Hassan Male Mabirizi issued a complaint to the East African Court of Justice (EACJ), opposing Kenya's President William Ruto's decision to recall the boss of the regional organisation. President Ruto on March 8, 2024 nominated Dr Mathuki as ambassador to Russia.
The lawyer stated that the decision by Kenya to recall Dr Mathuki and replace him with another appointee was unlawful.
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.
In his argument, Mabirizi states that this move was in contravention of the EAC treaty which states that “the secretary-general shall serve a fixed five-year term”.
Additionally, he 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, 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.
The lawyer also wants the EAC heads, parliament, and council of ministers to implement any decision by Kenya to replace Mathuki.
The EACJ has further been petitioned to award general, exemplary, punitive and aggravated damages to the Applicant.
