Ugandan Lawyer Sues Kenya Over Recall of EAC Chief Peter Mathuki

Summary:

• A Ugandan lawyer challenges Kenya’s decision to remove Dr. Peter Mathuki as East African Community Secretary General, citing it as unlawful and in violation of EAC treaties. The lawyer seeks a court injunction against Kenya’s actions and demands damages.

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In his petition to the court, he requests a permanent injunction against Kenya, preventing President Ruto’s government from nominating another Kenyan national to fill Mathuki’s position.

According to court documents, Mabirizi asserts, “The action taken on March 8 and President Ruto’s decision to replace Dr. Peter Mathuki before the expiration of his five-year term, along with any subsequent appointments and activities carried out by a replacement, are deemed unlawful.”

Mabirizi’s argument is grounded in the violation of the EAC treaty, which stipulates that “the secretary-general shall serve a fixed five-year term.” Additionally, he accuses Kenya of disregarding the Rule of Law and Equal Opportunities Doctrine, fundamental principles of the EAC, as well as Article 7(2) of the EAC Treaty, which establishes the rule of law as a core principle of the community.

Consequently, Mabirizi seeks an order from the EACJ nullifying Kenya’s decision to replace Mathuki.

He prays for the court to issue a permanent injunction, restraining Kenya from further implementing the action taken on March 8 and President Ruto’s decision to replace Dr. Mathuki.

Furthermore, Mabirizi demands that the heads of the EAC, parliament, and council of ministers adhere to any decision regarding the replacement of Mathuki made by Kenya.

Finally, he petitions the EACJ to grant general, exemplary, punitive, and aggravated damages to the Applicant.

Source: The Kenya Observer

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