Former Chief Justice Willy Mutunga, NARK Kenya leader Martha Karua and six others have sued the Attorney General of Tanzania over their detention at the Julius Nyerere International Airport and denial of entry into the country.
The applicants want the East African Court of Justice to issue a declaration that Tanzanias actions against them were non-compliant with the visa-free entry and procedures under its own immigration law and are in contravention of, and inconsistent with the principle of the rule of law under Articles 6(d) and 7(2) of the East African Community Treaty, 1999 (as amended).
In addition, the applicants want the court to issue a declaration that the respondent’s actions taken against them in the refusal of entry to enable them to attend and observe proceedings in a criminal trial infringed the open justice principle and fairness of trial, and are in contravention of the East African Community Treaty, 1999.
The applicants also want the court to order Tanzania to pay them damages for the pain and suffering they went through.
“An order directing the respondent to pay general damages to the applicants, affected residents of the East Africa Community for the actions in contravention of their rights under the treaty and common market protocal and for mental anguish, pain and suffering, states the applicants.
Other applicants are Gloria Kimani, Lynn Ngugi, Hussein Khalid, Hanifa Adan, East Africa Law Society (EALS) and Pan African Lawyers Union (PALU).
On May 18, 2025, Karua, Kimani and Ngugi all Kenyans, arrived at Julius Nyerere International Airport in Dar es Salaam, Tanzania, as part of an international observer group to attend the treason trial of Mr. Tundu Lissu, a Tanzanian opposition leader, that was scheduled for 19th May 2025.
According to court documents, on 19th May 2025, Mutunga, Khalid and Adan, similarly all Kenyans, arrived at the same airport as part of the same observer group attending the trial.
“Upon arrival at Julius Nyerere International Airport on 18th May 2025, the 2nd, 3rd and 4th applicants had their passports confiscated and detained for several hours by immigration authorities of the respondent without any stated reason, and were subsequently refused entry into Tanzania, and told to book return flights to Kenya.
Mutunga and the others who travelled on 19th suffered similar fate.
The applicants argue that there was no official explanation provided for the detention and refusal of entry into Tanzania.
It is their submission that the respondent’s actions are arbitrary unlawful and lacks justification under its own national immigration laws, the East Africa Community treaty 1999 (as amended) and the East African Common Market Protocal 2009.
