A Ugandan lawyer has moved to the East African Court of Justice (EACJ) to challenge the removal of Peter Mathuki as the secretary general of East African Community (EAC).
Hassan Male Mabirizi in his petition to the regional court opposing Kenyan President William Ruto's decision to recall Dr Mathuki. President Ruto nominated him as ambassador to Russia on March 8.
The lawyer stated that the decision by Kenya to recall Dr Mathuki and replace him with another appointee was unlawful.
In his petition, Mr Mabirizi sought a permanent injunction imposed on Kenya to restrain President Ruto from nominating another Kenyan national to Mathuki’s position.
“Your applicant states that the March 8 action and President Ruto's decision to replace EAC Secretary General Dr Peter Mathuki before the expiry of his five-year term, any appointment of successor that may arise from such an assumption of office and carrying out any activities or work in that office on the strengths of such a replacement, are unlawful,” the filed court documents read.
In his argument, Mr Mabirizi 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, he faulted Kenya for disregarding the Rule of Law and Equal Opportunities Doctrine, which is a fundamental principle of the 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, Mr Mabirizi now wants EACJ to issue an order annulling the decision by Kenya to replace Dr Mathuki.
“Your applicant prays that the court issues a permanent injunction restraining Kenya from furtherance with the implementation of the March 8 action and decision by President Ruto to replace Dr Mathuki,” the lawyer added in the petition.
The lawyer also wants the EAC heads, parliament, and council of ministers not to implement any decision by Kenya to replace the secretariat boss.
The EACJ has further been petitioned to award general, exemplary, punitive and aggravated damages to the applicant.