Mutunga, Karua Sue Tanzania Over Deportation

Retired Chief Justice Willy Mutunga and Martha Karua, leader of the People’s Liberation Party, have taken legal action against the Tanzanian government at the East African Court of Justice (EACJ), claiming they were unlawfully detained and deported during a recent visit.

The lawsuit, filed at the EACJ’s Nairobi sub-registry on June 10, alleges that Tanzanian authorities violated regional agreements by detaining and deporting the two, along with six others, who had traveled to Dar es Salaam on May 18 and 19. The group was there to observe the high-profile treason trial of opposition figure Tundu Lissu, a vocal critic of Tanzanian President Samia Suluhu Hassan.

According to the petition, the deportation was not only a breach of individual rights but also a violation of key provisions in the East African Community (EAC) Treaty and the Common Market Protocol. The applicants demand a formal apology, compensation for emotional and financial harm, and the removal of any negative immigration records from their passports.

Karua condemned the actions of the Tanzanian government, saying they were treated like criminals despite complying with visa-free travel agreements within the EAC. “This is about more than our rights — it’s about protecting regional integration, democratic accountability, and the rule of law,” she stated.

Dr. Mutunga emphasized their mission was solely to observe court proceedings and express solidarity. He described their deportation as a troubling sign of growing intolerance and repression in Tanzania.

Their legal team includes Law Society of Kenya President Faith Odhiambo, representatives from the East Africa Law Society, and the Pan African Lawyers Union. The legal documents cite violations of Articles 6(d), 7(2), and 104 of the EAC Treaty, which guarantee democratic governance, human rights, and free movement across member states.

The petition also highlights Tanzania's breach of Article 7 of the EAC Common Market Protocol, which prohibits restrictions on the movement of citizens within the bloc. The group argues that their right to engage in democratic processes and civic observation was unjustly denied.

Speaking outside Milimani Law Courts, Odhiambo criticized Tanzania’s conduct as deliberate and discriminatory, warning that such actions threaten the integrity of regional agreements. “This is a wake-up call to defend our rights within the EAC,” she said.

In addition to declarations of wrongdoing, the petitioners seek financial compensation for travel expenses, psychological harm, and reputational damage. They also request an official directive preventing Tanzania from making similar violations in the future.

The case is now awaiting a formal hearing at the EACJ.