John Adoyi
Former Justice Minister Martha Karua and other prominent Kenyan lawyers have filed a landmark case against Tanzania at the East African Court of Justice, seeking compensation for alleged violations of regional treaties.
A group of Kenya’s most distinguished legal minds, led by former Justice Minister Martha Karua and former Chief Justice Willy Mutunga, has filed a significant lawsuit against Tanzania at the East African Court of Justice. The case seeks compensation from the Tanzanian government for what the petitioners describe as unlawful detention, denial of entry, and deportation of several Kenyan citizens in May 2025.
Join our WhatsApp ChannelThe legal confrontation stems from an incident that occurred when Kenyan officials attempted to enter Tanzania to attend a court hearing for opposition leader Tundu Lissu. Lissu, who leads Tanzania’s opposition Chadema party, had been charged with treason in April and was scheduled to appear in court on May 19, 2025.
The Kenyan delegation’s attempt to observe these proceedings was met with what they characterize as unlawful obstruction by Tanzanian authorities, leading to their detention and subsequent deportation in May 2025.
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The petition alleges that Tanzania breached multiple provisions of the East African Community (EAC) Treaty, specifically citing violations of commitments to the rule of law, good governance, transparency, and the free movement of persons across member states. The claimants argue that their exclusion not only undermined civic participation but also violated the fundamental principle of open justice, as they were denied the opportunity to observe a trial of significant regional importance.
Filed jointly with the East Africa Law Society (EALS) and the Pan African Lawyers Union (PALU), the case contends that Tanzania’s actions contravene Articles 6(d), 7(2), 76, 104, and 8(1)(c) of the EAC Treaty as well as provisions of the EAC Common Market Protocol (2009).
Relief Sought
Beyond financial compensation, the applicants are seeking the removal of “refused entry” endorsements from their passports, a court order restraining Tanzania from further obstructing the free movement of East African citizens, and declaratory relief confirming the illegality of their treatment.
Ramadhan Abubakar, president of EALS, confirmed the lawsuit’s filing in Nairobi, noting that it will be transferred to the court’s headquarters in Arusha, Tanzania. He expressed optimism that the case would be heard within the coming weeks and that justice would be delivered.
Martha Karua, who served as Kenya’s Justice Minister from 2005 to 2009 and was the running mate of opposition leader Raila Odinga in Kenya’s 2022 presidential election, has been a vocal advocate for democratic principles across East Africa. She characterized Lissu’s arrest as unlawful, suggesting it was part of a pattern of targeting opposition leaders who might challenge incumbent President Samia Suluhu Hassan ahead of Tanzania’s October elections.
The case highlights growing tensions over democratic governance and freedom of movement within the East African Community. The involvement of such prominent legal figures underscores the significance of the dispute and its potential impact on regional integration and cooperation.
The lawsuit represents a test of the East African Court of Justice’s ability to enforce treaty obligations and protect the rights of regional citizens, with implications that could extend far beyond the immediate parties involved.
