Tanzania dragged to EACJ over claims of election irregularities

In Reference No. 59 case of 2025, the two advocates are challenging the conduct and outcome of the October 29, 2025 General Election, arguing that it fell short of democratic standards and was marred by human rights violations.

They further contend that the election was a sham, asserting that it breached the Treaty for the Establishment of the East African Community (EAC Treaty).

The applicants cite several provisions they claim were violated, including Article 6(d), arguing that the election and related events failed to uphold principles of good governance, democracy, the rule of law, and human and peoples’ rights.

They also rely on Article 7(2), claiming that actions by state authorities before, during, and after the election lacked transparency, integrity, and respect for political rights, contrary to the participatory principles underpinning the EAC.

In addition, they invoke Article 8(1)(c), arguing that election management and subsequent state actions undermined democracy, human rights, and the rule of law, jeopardising the objectives and implementation of the Treaty. Other alleged breaches include Articles 27(1), 28, 29, and 30(1), as well as Rules 1 and 25 of the East African Court of Justice Rules of Procedure.

They are asking the court to declare that Tanzania’s actions regarding the October 29, 2025, election violated the EAC Treaty.

They also seek a declaration that the electoral process and results announced on November 1, 2025, failed to meet the mandatory standards of a democratic election under laws and guidelines agreed within the East African Community (EAC, the African Union (AU), and the Southern African Development Community (SADC).

Furthermore, they want the court to rule that widespread violations of rights before, during, and after the election rendered the process “not an election,” contrary to the EAC Treaty and democratic principles. They are also seeking a declaration that the election was fundamentally flawed and therefore null and void under EAC standards.

In addition, they are asking for an order directing a fresh election be conducted in compliance with the EAC Treaty, EAC electoral principles, and AU and SADC democratic election standards.

Beyond nullification, they seek orders compelling Tanzania to pay compensation and damages to victims, and to take remedial measures, including the provision of medical, psychological, legal, and social support to victims and their families. Mr Magoti and Mr Wangwe are represented by lawyers Mr Arnold Tsunga, Mr Don Deya, Mr Jeremiah Bamu, and Mr Jebra Kambole.

Speaking to The Citizen’s sister newspaper, Mwananchi, on Thursday, January 8, 2026, Mr Wangwe said under the EAC Treaty, Tanzania is obliged to adhere to the Community’s fundamental principles.

“The alleged violations include breaches of good governance, including adherence to democratic principles, the rule of law, social justice, equal opportunity, accountability, and transparency,” he said.

He added that the claims also involve failure to recognise, promote and protect human and peoples’ rights under the African Charter on Human and Peoples’ Rights.

Mr Wangwe maintained that these violations caused the election and subsequent events to fall short of good governance, democracy, the rule of law, and human and peoples’ rights principles.

He further alleged that actions by authorities before, during, and after the election lacked transparency, integrity, and respect for political rights, undermined democracy and the rule of law, and jeopardised the objectives of implementing the Treaty, conduct that EAC partner states are required to avoid.

The case is awaiting scheduling for a hearing at the next EACJ session.