Former Chief Justice David Maraga has faulted the government over the uncertainty surrounding the whereabouts of Kenyan journalist and activist Boniface Mwangi, who is said to be held in Tanzania.
Mwangi's whereabouts remain unknown after he crossed over to show solidarity with opposition leader Tundu Lissu on Sunday. He was apprehended by Tanzanian authorities on Monday and has not been seen ever since.
Maraga expressed his concerns over the continued detention by authorities in the United Republic of Tanzania without access to the courts, legal counsel, or consular representation, terming such acts a clear violation of international human rights law.
Further, the CJ has condemned the Kenyan government for failing to act urgently to ensure that Mwangi is freed immediately and unconditionally.
The emeritus CJ has urged the Ministry of Foreign and Diaspora Affairs to provide a statement on the whereabouts of the missing activist, even as pressure continues to mount on the government to intervene and ensure the activist's quick return.
''I urge the Ministry of Foreign and Diaspora Affairs to urgently provide the public with clear information about Boniface Mwangi’s specific circumstances, the reason the Tanzanian government continues to detain him, and what effort it is making to ensure that Tanzania complies with international human rights law,'' Maraga stated.
"During this difficult time, I extend my solidarity with the family and friends of Boniface Mwangi. I pray for his swift and safe return to his wife and children.''
On Monday, Maraga travelled to Tanzania as part of the third Kenyan delegation to support opposition leader Lissu. The first delegation was led by Senior Counsel and People’s Liberation Party (PLP) leader Martha Karua.
Karua, along with her colleagues Lynn Ngugi and Gloria Kimani, arrived at Julius Nyerere International Airport in Dar es Salaam at 9am on Sunday but were detained and later deported to Nairobi.
The trio had been invited as guests of the East Africa Law Society (EALS) and the Law Society of Kenya (LSK).
Meanwhile, former nominated MP and Kenya National Union of Teachers (KNUT) Secretary General Willison Sossion also maintained that Kenya deserves an explanation for why the activist was being held, slamming the neighbouring nation for the detention of the activist.
"Where protocols are breached, each country will invoke its laws and make independent decisions. Kenya deserves an explanation for why Boniface Mwangi is in detention and why Martha Karua was deported, all happening in Tanzania," Sossion asserted.
On Wednesday, Tanganyika Law Society (TLS) President Boniface Mwabukusi clarified that Kenyan Mwangi and Ugandan lawyer-journalist Agatha Atuhaire had not been deported, contrary to his earlier statement on May 20.
In an updated statement issued on May 21, Mwabukusi said the two were no longer in police custody but were being held by Tanzania’s Immigration Department.
