Kampala, (UG): Ugandan controversial lawyer Hassan Male Mabirizi has dragged Kenya’s President William Ruto to East African Court of Justice challenging the removal of Dr Peter Mathuki as the secretary general of East African Community (EAC).
Mabirizi in his petition addressed to the regional court is opposed to the decision taken by Ruto to recall Mathuki as the boss of the EAC body.
Mr Ruto in his March 8 letter recalled Dr Mathuki for a new role as the country’s ambassador to Russia, replacing him with another appointee, which according to Mabirizi was unlawful.
“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 in part.
Furthermore, Mabirizi argues that this move was in contravention of the EAC treaty which states that “the secretary-general shall serve a fixed five-year term”.
Additionally, he faulted Kenya for disregarding the Rule of Law and Equal Opportunities Doctrine, which is a fundamental principle of the EAC, as well as Article 7(2) of the EAC Treaty which sets the rule of law as an operational principle of the community.
Mabirizi therefore seeks a permanent court injunction from EACJ restraining President Ruto’s government from nominating another Kenyan national to Mathuki’s position.
“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.
He also wants EACJ to issue an order annulling the decision by Kenya to replace Mathuki and also wants the EAC heads, parliament, and council of ministers not to implement any decision by Kenya to replace Mathuki.
The EACJ has further been petitioned to award general, exemplary, punitive and aggravated damages to the Applicant.
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