Former CJ Mutunga, Martha Karua sue Tanzania over detention and deportation

Former Chief Justice Dr. Willy Mutunga, Senior Counsel Martha Karua and four others have filed a case at the East African Court of Justice (EACJ) against the Tanzanian government, accusing it of unlawful detention, refusal of entry, and deportation.

The group, which also includes four other activists and human rights defenders; Gloria Kimani, Lynn Ngugi, Hussein Khalid and Hanifa Adan, claim that their rights as East African citizens were blatantly violated when they were blocked from entering Tanzania to observe the treason trial of opposition leader Tundu Lissu.

They are now demanding a public apology from the Tanzanian government, as well as general and special damages for the mental anguish, reputational harm, and travel costs they incurred during the ordeal.

The applicants assert that on May 18-19, 2025, they were detained without explanation at Julius Nyerere International Airport in Dar es Salaam, had their passports confiscated, and were subsequently deported back to Kenya.

They noted that they were in Tanzania as part of an international observer mission, intending to attend and monitor Lissu’s trial that was scheduled to begin on May 19.

In their petition, the group accuses Tanzania of violating multiple provisions of the East African Community (EAC) Treaty, including those guaranteeing the rule of law, good governance, transparency, and the right to free movement across member states.

The case also claims their exclusion undermined civic participation and infringed upon the principle of open justice, as they were denied the opportunity to observe public legal proceedings of regional significance.

Filed jointly with two public interest litigants, East Africa Law Society (EALS) and Pan African Lawyers Union, the case argues that Tanzania’s actions are inconsistent with Articles 6(d), 7(2), 76, 104, and 8(1)(c) of the EAC Treaty and the EAC Common Market Protocol of 2009.

The applicants also seek the removal of "refused entry" notations from their passports and a court order restraining Tanzania from further infringements on the free movement of East African citizens.

The case is expected to be transferred to the EAC in Arusha where a date is expected to be set by the court in the coming weeks for directions.

The outcome of this case could set a major precedent for the enforcement of regional rights within the East African Community.