Mutunga and Karua seek apology, compensation from Tanzania government over deportation

Former CJ Willy Mutunga and Martha Karua, leader of the People’s Liberation Party (PLP), have filed a petition at the East African Court of Justice (EACJ) against the Tanzanian government.

They are demanding an official apology and compensation for their deportation last month.

The two, along with four other petitioners, argue that their detention and removal from Tanzania violated their fundamental rights as protected by the East African Community (EAC) Treaty.

They claim they were denied entry and barred from observing the trial of opposition leader Tundu Lissu, undermining principles of open justice and the right to a fair trial.

The petitioners are seeking a court order to compel the Tanzanian government to issue a public apology, arguing that the actions taken against them contravened the EAC Treaty and the Common Market Protocol.

In addition to the apology, they want general damages for mental anguish and suffering and special damages to cover the costs of their aborted trip.

“An order directing the respondent to pay general damages to the applicants, affected residents of the East African Community, for the actions that are in contravention of the Treaty and Common Market Protocol and for mental anguish, pain, and suffering,” the petition reads.

They also want the Tanzanian authorities to remove the “refused entry” notations from the passports of four of the applicants.

Further, the petition urges the EACJ to restrain Tanzania from any future violations of the right to free movement within the EAC.

Tanzanian Minister for Constitutional Affairs and Justice, Damas Ndumbaro, previously defended the deportation, saying that Karua, Kenyan lawyer Gloria Kimani, and human rights campaigner Lynn Ngugi lacked the necessary license to practice law in Tanzania.

“What they were coming to do in this country is a violation of Tanzanian laws, which is unacceptable,” Ndumbaro said during a recent ministry meeting.

The case now heads to the EACJ for consideration, with the petitioners hoping for a ruling that reinforces free movement and human rights within the East African Community.