Arusha. The East Africa Law Society (EALS) has filed a case against the Government of Tanzania at the East African Court of Justice (EACJ), accusing it of violating human rights and breaching the East African Community (EAC) Treaty.
The case—registered as Reference No. 21 of 2025—was lodged on Tuesday, June 10, at the EACJ sub-registry in Nairobi.
It stems from an incident in which six Kenyan nationals, including prominent legal figures, were denied entry into Tanzania after travelling to Dar es Salaam to observe treason proceedings against opposition politician Tundu Lissu.
The petitioners include former Chief Justice of Kenya Dr Willy Mutunga, veteran politician Martha Karua, and rights activists Gloria Kimani, Hussein Khalid and Hanifa Adan.
In their application, the petitioners are seeking a declaration from the Court that Tanzanian authorities acted unlawfully. They are also demanding a public apology and compensation for those affected.
According to court documents, the applicants argue that Tanzania’s actions violated multiple provisions of the 1999 EAC Treaty, particularly Articles 6(d) and 7(2). They further cite Articles 8(1), 23, 27, 30, 76, and 104 of the Treaty, along with Articles 4(2)(a), 5(2)(b), and 7 of the 2009 EAC Common Market Protocol.
However, the EAC Treaty also allows partner states to impose certain conditions on the entry of foreign nationals. Article 7(4) provides that the free movement of persons does not exempt nationals of a partner state from prosecution or extradition in another partner state. Article 7(5) states that such movement may be limited on grounds of public policy, public security, or public health.
The dispute centres on events that occurred on 18 and 19 May 2025, when a group of Kenyan and Ugandan nationals—including Dr Mutunga and Ms Karua—was turned away at the Tanzanian border without explanation. The group had intended to attend Mr Lissu’s high-profile trial.
EALS President Ramadhan Mukira criticised the move, saying the denial of entry to EAC citizens attending a public trial undermines regional integration efforts.
“We are calling on the Court to provide a clear interpretation of this violation and prescribe corrective measures,” said Mr Mukira. “The EAC Treaty guarantees the right of every citizen to move freely within the region to access services and participate in public affairs.”
He added: “Tanzania’s actions not only infringe individual rights but also erode the spirit of unity and cooperation upon which the Community is built.”
One of the applicants, Ms Gloria Kimani, described the incident as “blatant intimidation” intended to discourage regional involvement in justice matters.
“We did not go to protest or break the law. We simply wanted to observe a public trial in a fellow EAC member state, but we were denied that right,” she said.
The EACJ has formally received the case, which is now pending allocation of a hearing date.
If successful, the case could set a significant precedent for the rights of movement and civic participation within the regional bloc.
