Ugandan lawyer challenges removal of EAC Secretary-General in East African Court

A Ugandan lawyer, Hassan Male Mabirizi, has taken legal action against the removal of Dr. Peter Mathuki from his position as the Secretary General of the East African Community (EAC).

Mabirizi filed a complaint with the East African Court of Justice (EACJ), contesting Kenya’s President William Ruto’s decision to recall the head of the regional organization. President Ruto, on March 8, 2024, nominated Dr. Mathuki as the ambassador to Russia.

Mabirizi argues that Kenya’s decision to recall Dr. Mathuki and appoint another individual in his place is unlawful. He seeks a permanent injunction from the court to prevent Kenya from nominating another Kenyan national to Mathuki’s position, stating that such actions violate the EAC treaty.

In his complaint, Mabirizi asserts that replacing Dr. Mathuki before the expiration of his five-year term breaches the EAC treaty’s stipulations. He also criticizes Kenya for disregarding the Rule of Law and Equal Opportunities Doctrine, which are fundamental principles of the EAC.

Mabirizi urges the EACJ to annul Kenya’s decision to replace Dr. Mathuki and requests the court to issue a permanent injunction against Kenya’s further implementation of President Ruto’s actions. He further demands that the EAC heads, parliament, and council of ministers uphold any decision made by the court regarding Mathuki’s replacement.

The lawyer also seeks various forms of damages from the EACJ, including general, exemplary, punitive, and aggravated damages.