Former Chief Justice Dr. Willy Mutunga, Senior Counsel Martha Karua and four others have filed a case against the Tanzanian government at the East African Court of Justice (EACJ) accusing it of unlawful detention, denial of entry at Julia’s Nyerere international Airport in Dar es Salaam, and deportation.
The group also includes journalist Lynn Ngugi, advocates Gloria Kimani and Hussein Khalid, and human rights defender Hanifa Adan, The East Africa Law Society (EALS) and The Pan African Lawyers Union (PALU)
The group alleges that between May 18 and May 19, Tanzanian immigration authorities arbitrarily detained them without explanation and denied them entry into the country.
They had travelled to Dar es Salaam to observe the ongoing treason trial of Tanzanian opposition leader Tundu Lissu.
They allege that their passports were confiscated upon arrival, held for several hours without due process, and no official reasons were provided for their detention or expulsion and were subsequently deported back to Kenya.
The Applicants argue that the actions of the Tanzanian government violated the Treaty for the Establishment of the East African Community, particularly provisions that guarantee the free movement of persons, the rule of law, and good governance.
They also cite violations of the East African Common Market Protocol, which supports visa-free entry among Partner States.
They are now demanding a public apology from the Tanzanian government, as well as general and special damages for the mental anguish, reputational harm, and travel costs they incurred during the ordeal.
They also want the Tanzania government restrained from further violations of the free movement rights of EAC residents.
“In the refusal of entry to enable the applicants to attend and observe proceedings in a criminal trial impinged their legitimate expectations of civic participation in democratic governance in the Partner States of the Community, and constitute non-adherence on the part of the Respondent with the principle of good governance under Articles 6(d) and 7(2) of the East African Community Treaty, 1999 (as amended),” read the court documents.
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