A petition has been filed at the East African Court of Justice (EACJ) against the government of Tanzania, accusing it of unlawfully detaining and deporting six Kenyan nationals who had travelled to Dar es Salaam to observe the trial of Tanzanian opposition leader Tundu Lissu.
The petitioners, led by former Chief Justice Dr. Willy Mutunga and former Justice Minister Martha Karua, claim they were denied entry into Tanzania on May 18 and 19, 2025, despite meeting all legal travel requirements and holding valid documents under the visa-free regime enjoyed by East African Community (EAC) citizens.
Filed at the EACJ sub-registry in Nairobi, the petition seeks a declaration that the actions of Tanzanian authorities violated the EAC Treaty and Common Market Protocol.
The applicants are also seeking compensation for emotional distress, travel-related expenses, and reputational damage, along with the removal of any adverse immigration records from their passports.
“We had complied with all travel requirements and were traveling under the visa-free movement agreement enjoyed by East African citizens,” the petition states.
“This was not just a violation of individual rights, but an attack on the very fabric of the East African Community the freedom of movement, the rule of law, and democratic accountability.”
According to court documents, Karua, lawyer Gloria Kimani, and journalist Lynn Ngugi were the first to be detained on May 18 at Julius Nyerere International Airport.
The group was part of an international observer mission planning to attend the public hearing of Lissu’s treason case scheduled for May 19.
Their passports were seized, they were held for hours, and ultimately forced to return to Nairobi.
The following day, Dr. Mutunga, activist Hussein Khalid, and journalist Hanifa Adan faced a similar experience. They were detained upon arrival, denied entry, and deported without explanation.
In sworn affidavits, both Mutunga and Karua described the experience as degrading and unlawful.
“We were not attempting to disrupt anything,” said Mutunga. “We were there to observe, as a basic act of solidarity and democratic vigilance. Our deportation reflects Tanzania’s growing intolerance to scrutiny.”
“We were held without cause, treated with hostility, and bundled onto planes like criminals,” added Karua. “This is not just about us — it’s about the integrity of the East African Community and the rule of law.”
The petition, filed with the support of the Law Society of Kenya (LSK), East Africa Law Society (EALS), and Pan African Lawyers Union (PALU), accuses Tanzania of violating Articles 6(d), 7(2), and 104 of the EAC Treaty, which uphold democratic governance, human rights, and the free movement of people across member states. Article 7 of the Common Market Protocol is also cited, as it obliges member states to eliminate unjustified barriers to movement.
“The Respondent’s actions infringed the Applicants’ legitimate expectations of civic participation in democratic governance and are inconsistent with the principle of good governance,” the court papers read.
LSK President Faith Odhiambo, who accompanied the petitioners to court, condemned the deportations as an act of political suppression.
“Tanzania’s conduct was deliberate, discriminatory, and dangerous. No member state should unilaterally suspend rights guaranteed under regional agreements,” said Odhiambo.
The applicants are urging the regional court to not only issue compensatory and declaratory relief but also to impose a restraining order barring Tanzania from carrying out similar actions against EAC citizens in the future.
“The EAC cannot function if member states weaponize their borders to shield injustice,” said Mutunga.
“This is a test for the region’s commitment to democratic accountability.”
