Ezrah Kashumbusha.
ARUSHA, March 13, 2024 | In a legal maneuver that could have significant implications for regional cooperation, Ugandan lawyer Male Mabirizi has taken the Kenyan government to the East African Court of Justice over the controversial recall of Peter Mathuki as the Secretary General of the East African Community (EAC).
Mabirizi asserts that Kenya’s decision to recall Mathuki and appoint a successor before the expiration of his term is both illegal and unlawful. According to court documents filed by Mabirizi, the move by President William Ruto’s government on March 8, 2024, violates the East African Treaty, which mandates the Secretary General to serve a fixed five-year term.
“Your applicant states that the action and decision of the President of the Republic of Kenya to replace Secretary General Peter Mathuki before the expiry of his fixed term, and any appointment of a successor arising from such an assumption of office, are unlawful,” Mabirizi declared in the court documents.
Furthermore, Mabirizi seeks a permanent injunction against Kenya, restraining President Ruto’s government from nominating another Kenyan citizen to the position of Secretary General of the EAC.
The move by Mabirizi highlights a deeper concern over the adherence to the Rule of Law and the Equal Opportunities Doctrine within the EAC, as enshrined in the East African Treaty’s article 7(2). By challenging Kenya’s actions, Mabirizi is calling attention to the fundamental principles that underpin regional cooperation and integration.
On March 8, 2024, President William Ruto recalled Peter Mathuki from his position as the East African Secretary General, subsequently nominating him as the Ambassador to Russia. Mathuki had been appointed to the position in 2021 by President Uhuru Kenyatta for a term scheduled to end in 2026.
