Africa

Kenya sued for recalling EAC Secretary General Peter Mathuki

EAC Secretary General Peter Mathuki. (Photo: Herman Emmanuel/Xinhua via AFP)

By Joseph Ndunda | Tuesday, March 12, 2024

Kiwanuka argues that the Kenyan Government had "violating" the East Africa Community (EAC) treaty after recalling the EAC Secretary General.

A Ugandan citizen Male Mabirizi Kiwanuka has sued the Kenyan Government for "violating" the East Africa Community (EAC) treaty after recalling Peter Mathuki from the post of Secretary General.

Kiwanuka filed the suit at the East Africa Court of Justice in Kampala, where he wants the court to nullify the decision by President William Ruto to recall Mathuki to Nairobi and declare it unlawful.

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He faulted Ruto for interfering with the treaty which states that the EAC Secretary General serves for a fixed term of five years.

Mathuki had only served for three years before he was recalled.

"I know in making that decision, the President of Kenya contravened, neglected and flouted the provisions of the treaty for the establishment of EAC," states Kiwanuka in his affidavit filed alongside the petition.

"The said replacement is unlawful and in contravention of Article 67 (4) of the treaty that states that the SG shall serve a fixed term of five years, Article 6 (d) of the treaty which sets rules of law and equal opportunities as a fundamental principle of the EAC and Article 7 (2) of the treaty which sets rule of law as the operational principle of the community."

Infringing on provisions of treaty

In the suit filed on March 11, 2024, Kiwanuka says President Ruto is infringing on the provisions of a treaty that Kenya signed in 1999 and Kenya will be disadvantaged by his (Ruto's) decision.

Mathuki was recalled and nominated as Kenya's ambassador to Russia last week in a list of envoys awaiting parliamentary approvals before appointments.

Kiwanuka has listed Kenya's Attorney General and EAC as respondents in the petition.

Kiwanuka says Ruto's actions undermine the independence of the EAC–SG as it relates them as mere ambassadors capable of being called back home as opposed to a principal executive officer of the community purpose of limiting judges to seven years' tenure and the role of the summit as the appointing authority since the nominator supersedes the powers of the appointer.

This means the petitioner is of the opinion that President Ruto usurped powers of the EAC summit which appoints the SG for the community, by removing Mathuki from the office before completing his term.

Kiwanuka also wants the court to stop the appointment of Mathuki's successor at the EAC, assumption of the office or any activities in the office of the EAC – SG on the strength of Mathuki's departure.

The petitioner told the court that he would be representing himself during the proceedings unless he otherwise informs the court.