Ateker TV
A Ugandan lawyer has taken legal action at the East African Court of Justice (EACJ) regarding the dismissal of Peter Mathuki as the secretary general of the East African Community (EAC).
Hassan Male Mabirizi filed a petition challenging Kenyan President William Ruto’s decision to recall Dr. Mathuki, who was nominated as ambassador to Russia on March 8.
Mabirizi argued that Kenya’s decision to recall Dr. Mathuki and appoint another individual in his place was illegal.
He requested a permanent injunction from the EACJ to prevent President Ruto from appointing another Kenyan national to Mathuki’s former position.
“Your applicant states that the March 8 action and President Ruto’s decision to replace EAC Secretary General Dr Peter Mathuki before the expiry of his five-year term, any appointment of successor that may arise from such an assumption of office and carrying out any activities or work in that office on the strengths of such a replacement, are unlawful,” the filed court documents read.
Mr. Mabirizi argues that Kenya’s decision to replace Dr. Mathuki violates the EAC Treaty, which mandates a fixed five-year term for the secretary-general.
He also criticizes Kenya for ignoring the Rule of Law and Equal Opportunities Doctrine, key principles of the EAC, along with Article 7(2) of the Treaty, which emphasizes the rule of law. Consequently, Mr. Mabirizi urges the EACJ to nullify Kenya’s decision to replace Dr. Mathuki.
“Your applicant prays that the court issues a permanent injunction restraining Kenya from furtherance with the implementation of the March 8 action and decision by President Ruto to replace Dr Mathuki,” the lawyer added in the petition.
The lawyer is urging the East African Community (EAC) leadership—comprising the heads, parliament, and council of ministers—not to enforce Kenya’s decision to replace the secretariat boss.
Additionally, the East African Court of Justice (EACJ) has been asked to grant various types of damages to the applicant, including general, exemplary, punitive, and aggravated damages.
SOURCE: NEWS AGENCIES
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