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Post Reply: Kenyan Activists Sue Tanzanian Government Over Deportations, Demand Public Apology

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on June 10, 2025, 9:31 pm</div><div id="pl-6297"  class="panel-layout" ><div id="pg-6297-0"  class="panel-grid panel-no-style" ><div id="pgc-6297-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6297-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr">A group of prominent Kenyan activists, including former Chief Justice Willy Mutunga and Narc Kenya party leader Martha Karua, has filed a lawsuit against the Tanzanian government at the East African Court of Justice. The legal action stems from their detention and deportation by Tanzanian authorities on May 18, 2025, when they attempted to enter the country to observe the treason trial of opposition leader Tundu Lissu. The plaintiffs are seeking special damages for travel-related costs, a public apology, and the removal of "refusal of entry" stamps from their passports, alleging violations of their rights under the East African Community (EAC) Treaty.</p>
<p dir="ltr">On May 18, 2025, Willy Mutunga, Martha Karua, and four other Kenyan activists: Hussein Khalid, Hanifa Adan, and two others, arrived at Julius Nyerere International Airport in Dar es Salaam as part of an international observer group. Their purpose was to attend the court proceedings of Tundu Lissu, a prominent Tanzanian opposition figure charged with treason over a speech allegedly inciting public rebellion ahead of Tanzania’s October 2025 elections. However, the group was detained by immigration authorities for several hours, their passports confiscated without explanation, and they were instructed to book return flights to Nairobi.</p>
<p dir="ltr">Martha Karua, a respected human rights advocate and former Kenyan Justice Minister, described the ordeal as a gross misuse of state power. “The state cannot be used as a personal tool to deport individuals whose views are not aligned with those in power,” she told Kenyan media upon her return. Mutunga, a former Chief Justice known for his judicial reforms, echoed similar sentiments, emphasizing that the detention was arbitrary and lacked legal justification. The group’s passports were stamped with “refusal of entry,” a mark they now seek to have expunged through their lawsuit.</p>
<p dir="ltr">The lawsuit accuses the Tanzanian government, led by President Samia Suluhu Hassan, of violating the EAC Treaty, which guarantees free movement of persons and the protection of fundamental rights within member states. The plaintiffs argue that their detention and deportation were unlawful and contravened their rights to participate in regional democratic processes, particularly as observers of a high-profile trial. They are seeking compensation for financial losses incurred, including travel expenses, as well as a formal apology from the Tanzanian government for the alleged violation of their dignity and rights.</p>
<p dir="ltr">The case has drawn significant attention across East Africa, raising questions about Tanzania’s commitment to democratic principles and regional cooperation. The East African Law Society, a regional legal body, has publicly supported the plaintiffs, arguing that the deportations undermine the EAC’s principles of free movement and mutual respect among member states. The lawsuit could set a precedent for how cross-border rights are enforced within the EAC, particularly in the context of political activism and election monitoring.</p>
<p dir="ltr">Tundu Lissu, a vocal critic of the Tanzanian government, was charged with treason following a speech prosecutors claimed incited the public to disrupt the upcoming October 2025 elections. Lissu, who survived an assassination attempt in 2017 when he was shot 16 times, has been a polarizing figure in Tanzanian politics. His trial has attracted international scrutiny, with rights groups accusing President Suluhu’s administration of increasing repression as the elections approach. The detention and deportation of foreign observers, including the Kenyan activists, have further fueled concerns about democratic backsliding in Tanzania.</p>
<p dir="ltr">President Suluhu has defended her government’s actions, asserting that the deportations were necessary to prevent external interference in Tanzania’s judicial and political processes. In a public statement, she warned against activists attempting to “destabilize” the country, emphasizing her commitment to maintaining peace and stability. However, critics argue that her administration’s actions reflect a broader pattern of suppressing dissent, pointing to a series of high-profile arrests and restrictions on opposition activities in recent months.</p>
<p dir="ltr">The deportations have strained relations between Kenya and Tanzania, two key EAC member states. Kenyan Foreign Affairs official Korir Sing’oei issued a strong statement urging Tanzanian authorities to release Mutunga and his delegation during the incident, highlighting Karua’s stature as a respected regional figure. In response to growing public criticism, Kenyan President William Ruto issued a formal apology to Tanzania on May 28, 2025, seeking to de-escalate tensions. However, the apology did little to quell outrage among Kenyan activists and social media users, who have accused Tanzania of undermining regional solidarity.</p>
<p dir="ltr">The Tanzania Human Rights Defenders Coalition expressed shock at the “arbitrary arrests,” noting that Karua had previously been allowed to enter Tanzania on April 15 to observe an earlier court appearance by Lissu. The inconsistency in treatment has led to accusations that the deportations were politically motivated, targeting individuals critical of democratic erosion in East Africa.</p>
<p dir="ltr">The lawsuit comes amid growing concerns about democratic governance across East Africa. Martha Karua has been vocal about what she describes as a “total erosion of democratic principles” in Kenya, Tanzania, and Uganda. The detention of the Kenyan activists follows other high-profile incidents, including the forced deportation of four Turkish refugees from Kenya to Ankara and the disappearance of a Ugandan opposition leader in Nairobi. These events have heightened scrutiny of regional governments’ respect for human rights and cross-border cooperation.</p>
<p dir="ltr">As Tanzania approaches its October 2025 elections, President Suluhu’s administration faces increasing pressure to demonstrate its commitment to democratic values. Rights groups have accused her government of adopting repressive tactics to silence opposition voices, a charge she has denied, insisting that her administration respects human rights.</p>
<h3 dir="ltr"><span style="text-decoration: underline;"><em><strong>Looking Ahead</strong></em></span></h3>
<p dir="ltr">The outcome of the lawsuit at the East African Court of Justice could have far-reaching implications for regional diplomacy and the protection of activists’ rights. A ruling in favor of the plaintiffs could compel Tanzania to address its immigration practices and reinforce the EAC’s commitment to free movement and democratic participation. Conversely, a dismissal could embolden governments to restrict foreign observers under the guise of national security.</p>
<p dir="ltr">For now, the Kenyan activists remain resolute. Willy Mutunga, speaking to the press, emphasized the importance of standing up for justice. “This is not just about us; it’s about ensuring that no one is silenced for seeking to uphold democracy,” he said. Martha Karua, equally defiant, called on regional leaders to prioritize the rule of law over political expediency.</p>
<p dir="ltr">As the case progresses, it is likely to remain a focal point of debate in East Africa, with activists, legal scholars, and citizens watching closely for its impact on the region’s democratic future.</p>
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