Ugandan Lawyer Drags Ruto to Court for Recalling EAC Secretary General
On Monday, March 11, a lawyer from Uganda took action at the East African Court of Justice to challenge President William Ruto’s move to revoke the appointment of Peter Mathuki as Secretary General of the East African Community.
The attorney asserted that Kenya’s action to remove the Secretary-General and substitute them with a different appointee violated the law.
In his court petitions, he requested a lasting court order preventing Kenya from allowing President William Ruto’s administration to appoint a different Kenyan citizen to Mathuki’s role.
“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.”
Moreover, the attorney criticized Kenya for neglecting the Rule of Law and Equal Opportunities Doctrine, essential principles of the East African Community (EAC). This oversight violates Article 7(2) of the EAC Treaty, which designates the rule of law as a fundamental operational principle within the community.
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Therefore, the attorney is currently seeking an order from the regional court to invalidate Kenya’s decision 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 attorney also requests that the East African Community Summit, Parliament, or Council of Ministers enforce any choice made by Kenya to replace Mathuki.
The Applicant has submitted an additional request to the EAC Court of Justice, urging them to grant compensation in the form of general, exemplary, punitive, and aggravated damages.
President William Ruto removed Mathuki from the top position at the East African Community (EAC) a year and a half before Mathuki’s departure. Previously, Mathuki had been a Member of Parliament in the East African Legislative Assembly (EALA) from 2012 to 2017.
He was later designated as Kenya’s ambassador to Russia, awaiting confirmation from the National Assembly.
Ugandan Lawyer Drags Ruto to Court for Recalling EAC Secretary General