Former Chief Justice Willy Mutunga, lawyer Martha Karua, and four activists have taken the Tanzanian government to court over their detention and deportation last month.
The group, which includes rights defenders Gloria Kimani, Lynn Ngugi, Hussein Khalid, and Hanifa Adan, filed the case at the East African Court of Justice (EACJ), accusing Tanzanian authorities of violating their rights as East African citizens. They had traveled to Dar es Salaam to observe the high-profile treason trial of opposition leader Tundu Lissu but were barred from entering the country.
Now, they’re demanding a public apology, compensation for emotional distress, reputational damage, and reimbursement for their wasted travel expenses.
In their court filing, they describe the ordeal: “On May 18 and 19, 2025, we were detained without explanation at Julius Nyerere International Airport in Dar es Salaam, had our passports confiscated, and were subsequently deported back to Kenya. We had travelled to Tanzania as part of an international observer mission to monitor Lissu’s trial, which was scheduled to begin on May 19.”
The petitioners accuse Tanzanian authorities of violating fundamental EAC Treaty principles when they barred the delegation from entering the country. At the heart of their argument is Tanzania’s alleged breach of the community’s core values – the free movement of people across borders, commitments to good governance, and the promise of transparent judicial processes that allow for public observation.
By preventing the group from monitoring Lissu’s trial, the lawsuit contends Tanzania effectively undermined the concept of open justice in a case with significant regional implications.
Violation of Regional Cooperation
The case, jointly filed with the East Africa Law Society and Pan African Lawyers Union, specifically points to violations of Articles 6(d) and 7(2) of the EAC Treaty regarding governance standards, Article 104’s free movement protections, and related Common Market Protocol provisions.
These legal heavyweights argue Tanzania’s actions didn’t just wrong the detained observers, but struck at the foundations of regional cooperation.
The group isn’t just seeking compensation. They want those damning “refused entry” stamps removed from their passports permanently.
They’re also asking the court to order Tanzania to stop blocking East African citizens from crossing borders, arguing these restrictions violate the very spirit of regional unity.
The case will soon move to the East African Court of Justice in Arusha, where judges are expected to set a hearing date within weeks.
Legal experts suggest this could become a landmark ruling, one that might finally force member states to honor their commitments to free movement and shared citizenship across East Africa.
