Ugandan lawyer Hassan Male Mabirizi has filed a lawsuit against the government of Kenya challenging the removal of Peter Mathuki as Secretary General of the East African Community (EAC).
The suit, lodged at the East African Court of Justice under Reference No. 14 of 2024, asserts that Mathuki’s recall “reduces the office of Secretary General to a mere ambassador.”
Some Kenyans have also complained that the EAC Secretary-General is a property of the bloc and not that of the host country who can be changed at the whims of one member states without consulting the rest.
Mabirizi contends that under Article 67 of the EAC Treaty, a partner state nominates a person for the position of Secretary General, who is then appointed by the Heads of State Summit, not by the president of any single member country.
Therefore, according to him, recalling Mathuki and appointing a replacement is illegal, as the Secretary General’s term is fixed at five years and cannot be terminated by the president of their country. Additionally, Mabirizi argues that the Secretary General is a staff member of the Community, not subject to dismissal by a national authority.
Furthermore, Mabirizi asserts that the East African Legislative Assembly (Eala) lacks the authority to impeach the Secretary General, adding another dimension to his legal challenge.
This legal action coincides with the defense of Dr. Mathuki by the EAC Secretariat against allegations of financial mismanagement. Recent developments saw President William Ruto appointing Mathuki as ambassador to Moscow, a move interpreted as an attempt to forestall his impeachment by the regional parliament.
Mathuki is facing allegations of spending up to $6 million without parliamentary approval, including hiring his son without adhering to established procedures.
In response to the allegations, the EAC Secretariat issued a statement dismissing them as baseless and unfounded. The statement criticized the media for publishing the allegations without seeking the response of the Secretary General or the secretariat.
It emphasized that checks and balances, including the Council of Ministers and the Audit Commission, had not raised any concerns regarding the alleged financial mismanagement.
The statement reaffirmed the EAC’s commitment to its objectives and operational transparency, refuting claims of impropriety. It urged stakeholders to remain confident in the Community’s integrity and assured East Africans of the organization’s continued focus on its mandate.
The legal battle initiated by Mabirizi adds another layer of complexity to the controversy surrounding Mathuki’s removal, highlighting the tensions within the EAC and the broader implications for regional governance.
