Ugandan lawyer has filed a case at the East African Court of Justice to contest President William Ruto decision to recall Peter Mathuki, the outgoing East African Community Secretary General, and nominating him for a state job.
Mathuki, who until his recent nomination by Ruto as Kenyan Ambassador to Moscow, was serving as EAC’s sixth Secretary General and his term was to end in April 2026.
The lawyer, Mabirizi Kiwanuka, noted that Kenya’s move to replace Mathuki with another appointee was not only questionable but also unlawful.
In a detailed plea to the court, Kiwanuka sought a permanent injunction to be imposed on Kenya, restraining President William Ruto’s government from nominating another Kenyan national to fill Mathuki’s position.
“Your applicant states that the February 8, 2024, action and decision of the President of The Republic of Kenya to replace Secretary General East African Community, Peter Mathuki before the expiry of his fixed five-year term, any appointment of a successor that may arise from such, assumption of office and carrying out any activities or work in that office on the strengths of such replacement are unlawful.” The court documents stated.
Ruto Treaty Violations
The lawyer based his argument on the violation of the EAC treaty, which unequivocally mandates that “the Secretary-General shall serve a fixed five-year term.”
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Additionally, he criticized Kenya for 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 designates the rule of law as an operational principle of the community.
Consequently, the lawyer urged the regional court to issue an order annulling Kenya’s decision to replace Mathuki.
“Your applicant prays that the court issues a permanent injunction restraining Kenya from furtherance with the implementation of the February 8, 2024, action and decision of the President of Kenya to replace Secretary General East African Community, Peter Mathuki before the expiry of his fixed five-year term.” read the petition by Kiwanuka.
Further, the lawyer called on the East African Community Summit, Parliament, and Council of Ministers to resist any attempts by Kenya to replace Mathuki.
The petition also sought the intervention of the EAC Court of Justice to award general, exemplary, punitive, and aggravated damages to the Applicant.
Ruto Recalls Mathuki
President Ruto’s decision to recall Mathuki from the EAC’s top seat before the completion of his term, raised eyebrows.
The redeployment of Dr Mathuki has coincided with allegations levelled against him and the secretariat over some unaccounted $6 million from the EAC kitty.
According to Dennis Namara, an Eala lawmaker from Uganda, the said money ($6 million) had been spent without being appropriated through the regional Parliament as per laid-down procedures.
In a Monday, March 11 statement, from their headquarters in Arusha, Tanzania, the EAC addressed the reports as baseless, malicious, and an attempt to assassinate Mathuki’s character.
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“First and foremost, we wish to state categorically that the allegations that were carried in the article are baseless, malicious, unfounded and an attempt on assassinating the character of the Secretary General of the East African Community,” read part of the letter from EAC.
Mathuki had previously served as a Member of Parliament of the East African Legislative Assembly (EALA) from 2012 to 2017.
Subsequently, Ruto nominated him as Kenya’s ambassador to Russia, pending approval by the National Assembly.
