Former Chief Justice Willy Mutunga, lawyer Martha Karua, and four other activists have filed a case against Tanzania at the East African Court of Justice (EACJ), accusing the government of unlawful detention, refusal of entry, and deportation.
The group, which includes activists Gloria Kimani, Lynn Ngugi, Hussein Khalid, and Hanifa Adan, says their rights as East African citizens were violated when they were prevented from entering Tanzania to observe the trial of opposition leader Tundu Lissu on treason charges.
They claim that on May 18 and 19, 2025, they were detained without explanation at Julius Nyerere International Airport in Dar es Salaam, had their passports confiscated, and were deported back to Kenya.
The group says they traveled to Tanzania as part of an international observer mission scheduled to monitor the trial that began on May 19.
The petition accuses Tanzania of breaching several provisions of the East African Community (EAC) Treaty, including commitments to uphold the rule of law, good governance, transparency, and the free movement of persons across member states.
They argue that their exclusion undermined civic participation and violated the principle of open justice, as they were denied the chance to observe a trial of regional importance.
Filed jointly with the East Africa Law Society and the Pan African Lawyers Union, the case claims that Tanzania’s actions violate Articles 6(d), 7(2), 76, 104, and 8(1)(c) of the EAC Treaty and the EAC Common Market Protocol of 2009.
The applicants are also seeking the removal of "refused entry" endorsements from their passports and want the court to restrain Tanzania from further obstructing the free movement of East African citizens.
The case is expected to be transferred to the EACJ in Arusha, with a hearing date to be set soon.
The outcome could set a regional precedent for enforcing rights and freedoms within the East African Community.