A Ugandan lawyer on Monday, March 11, moved to the East African Court of Justice to oppose President William Ruto’s decision to recall EAC Secretary General Peter Mathuki.
The lawyer stated that the decision by Kenya to recall the Secretary-General and replace him with another appointee was unlawful.
In his prayers to the court, he sought a permanent injunction imposed on Kenya restraining President William Ruto’s government from nominating another Kenyan national to Mathuki’s position.
“Your applicant states that the February 8, 2024 action and decision of the President of The Republic of Kenya to replace Secretary General East African Community, Peter Mathuki before the expiry of his fixed five-year term, any appointment of successor that may arise from such, assumption of office and carrying out any activities or work in that office on the strengths of such replacement are unlawful,” the filed court documents read in part.
In his argument, the lawyer states that this move was in contravention of the EAC treaty which states that “the Secretary-General shall serve a fixed five-year term.”
Additionally, the lawyer faulted Kenya for disregarding the Rule of Law and Equal Opportunities Doctrine which is a fundamental principle of EAC as well as Article 7(2) of the EAC Treaty which sets the rule of law as an operational principle of the community.
As such, the lawyer now wants the regional court to issue an order annulling the decision by Kenya to replace Mathuki.
“Your applicant prays that the court issues a permanent injunction restraining Kenya from furtherance with the implementation of the February 8, 2024 action and decision of the President of Kenya to replace Secretary General East African Community, Peter Mathuki before the expiry of his fixed five-year term,” the lawyer added in his petition.
The lawyer further wants the East African Community Summit, Parliament and/or Council of Ministers to implement any decision by Kenya to replace Mathuki.
EAC Court of Justice has further been petitioned to award general, exemplary, punitive and aggravated damages to the Applicant.
President William Ruto recalled Mathuki from the EAC top seat 1.5 years before his exit. He had earlier served as a Member of Parliament of the East African Legislative Assembly (EALA), from 2012 to 2017.
He was subsequently appointed as Kenya’s ambassador to Russia pending approval by the National Assembly.
