By Faridah N Kulumba
Africa-Press – Uganda. Ugandan controversial lawyer, Hassan Male Mabirizi sued the government of Kenya to the East African regional court over the “illegal removal” of Peter Mathuki as secretary general of the East African Community (EAC). Mabirizi appealed to the East African Court of Justice (EACJ) opposing the president of Kenya William Ruto’s decision to recall Dr. Mathuki at the EAfCJ Reference No. 14 of 2024.
Grounds
Mabirizi says that the attorney general of Kenya and Dr. Mathuki’s recalling reduces the office of secretary-general to a mere ambassador. He reasons that according to Article 67 of the EAC Treaty, a partner state nominates a person to the post of secretary general, and the secretary general is appointed by the Heads of State Summit, not the president of that one country. According to Mabirizi, recalling Mathuki and replacing him with another person, is illegal, because the secretary general’s term of office is fixed at five years, and can therefore not be terminated by the president of their country. He added that the secretary-general is a staff of the EAC community. “Your applicants state that the March 8th action and President Ruto’s decision to replace EAC Secretary General Dr Peter Mathuki before the expiry of the five-year term, any appointment or successor that may arise from such an assumption of office and carrying out of any activities or work in that office on the strength of such a replacement, are unlawful,” Mabirizi document says.
Line of reasoning
The Ugandan lawyer argues that the East African Legislative Assembly has no powers to impeach the secretary general. His court action comes just as the EAC secretariat came to the defence of Dr Mathuki against allegations of financial mismanagement. On March 8th this year, it was revealed that President Ruto appointed Dr Mathuki as ambassador to Russia an act that was interpreted as a trick trying to save the face of Mathuki and or Kenya, as he was facing impeachment by the regional parliament. He is poised to be replaced by Caroline Mwende Mueke, subject to approval by the next Heads of State Summit.
Mathuki’s financial scandal
Dr Mathuki was accused by East African Legislative Assembly (EALA) members of spending up to USD 6 million (about Shs 23 billion) without appropriation by the regional parliament as per the regulations. EALA MPs also alleged that Dr Mathuki hired his son and paid him USD 31,000 (about Shs 121 million), without going through the laid-down procedures, yet the office was already occupied by a substantive official.
EAC’s refutes allegations
According to the statement made by the EAC communication department, the allegations are baseless, malicious, unfounded, and an attempt at assassinating the character of the secretary general of the East African Community. EAC also accused the media of not seeking the response of the secretary general or the secretariat before publishing the allegations, adding that none of the checks and balances in place, including the council of ministers which is an EAC policy organ, raised any issue about the alleged matters. “At no point in time has there been any queries raised by the council of ministers as to the allegations on lack of appropriation of funds by the secretariat as the council always gives prior approval on the expenditure of funds of the community as stipulated in EAC’s financial rules and regulations including what is published in the article,” says the statement. EAC’s statement did not differ from that of the audit commission which prepares a report on all activities of the community conducted by all partner states. “Since the secretary general assumed office three years ago, there have never been any adverse audit reports on his part of the secretariat and these audit reports remain available at the offices of the community. The operations and activities of the community are continually audited to ensure compliance with the laid down standards and procedures.” Arising from the above, the statement says, it is evident that EAC is operating well and on course to achieve what it was established to do. “The purported allegations and accusations are therefore false and the EAC remains a focused and formidable regional economic bloc. We would like East Africans and all our stakeholders to remain confident about the status of the community.”
Mabiri’s request
The Ugandan lawyer wants the regional court to issue an order annulling the decision by Kenya to replace Mathuki. “Your applicant prays that the court issues a permanent injunction restraining Kenya from furtherance with the implementation of the March 8th, 2024 action and decision of the President of Kenya to replace Secretary General East African Community, Peter Mathuki, before the expiry date of his five-year term,” Mabirizi added in his petition. Mabirizi also wants the East African Community Summit, Parliament, and/or Council of Ministers to implement any decision by Kenya to replace Mathuki.
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