Ugandan lawyer Hassan Male Mabirizi has initiated legal action against the government of Kenya, contesting what he deems as the “illegal” removal of Peter Mathuki as Secretary General of the East African Community (EAC).
In a suit filed against the Attorney General of Kenya and Dr. Mathuki at the East African Court of Justice, Reference No. 14 of 2024, Mabirizi challenges the recall, arguing that it effectively diminishes the role of the Secretary General to that of a mere ambassador.
Citing Article 67 of the EAC Treaty, Mabirizi asserts that a partner state nominates a person to the post of Secretary General, and the appointment is made by the Heads of State Summit, not by the president of any individual country. Therefore, he contends that recalling Mathuki and replacing him with another individual is illegal, as the Secretary General’s term of office is fixed at five years and cannot be terminated by the president of his country. Additionally, Mabirizi emphasizes that the Secretary General is a staff member of the EAC.
The lawyer further argues that the East African Legislative Assembly lacks the authority to impeach the Secretary General.
Mabirizi’s legal action coincides with the defense of Dr. Mathuki by the EAC Secretariat against allegations of financial mismanagement. The allegations surfaced as Mathuki faced impeachment by the regional parliament.
Reports emerged that President William Ruto appointed Mathuki as ambassador to Moscow, interpreted by some as an attempt to salvage his reputation or that of Kenya amid the impeachment proceedings.
Mathuki faced accusations from members of the East African Legislative Assembly (Eala) of spending up to $6 million (approximately 23 billion shillings) without proper authorization from the regional parliament. Additionally, MPs alleged that Mathuki hired his son and paid him $31,000 (about 121 million shillings) without following the appropriate procedures.
In response, the EAC Secretariat issued a statement denouncing the allegations as baseless, malicious, and unfounded. The Secretariat criticized the media for not seeking a response from the Secretary General or the Secretariat before publishing the allegations, noting that checks and balances within the EAC had not raised any concerns regarding the alleged matters.
The statement affirmed the EAC’s commitment to transparency and compliance with established standards and procedures, emphasizing that the organization remained focused on achieving its objectives.
