A Ugandan activist has moved to the East African Court of Justice to challenge President William Ruto’s move to recall EAC Secretary General Peter Mathuki.
Mabirizi Kiwanuka, a lawyer by professional, in a suit lodged on Monday, March 11, says recalling Mathuki before the expiry of his fiver-year fixed term and subsequent appointment of his replacement contravenes provisions of the EAC treaty.
In unprecedented move, President Ruto in his latest changes to Foreign Service on March 8 recalled Mathuki from Arusha and nominated him for redeployment as Ambassador to Russia.
In his place, President Ruto nominated international civil servant Caroline Mwende Mueke to replace him citing provisions of Article 67 of the EAC treaty.
Article 67 (1) provides: The Secretary General shall be appointed by the Summit upon nomination by the relevant Head of State under the principle of rotation.
RUTO’S MOVE ‘ILLEGAL’
However, Kiwanuka argues Ruto’s decision to replace Mathuki before the expiry of his term, any appointment of his successor and their assumption of office and work/activities are unlawful.
Kenya’s Attorney General Justin Muturi is the first respondent and Mathuki the second respondent.
Kiwanuka notes that the moves contravenes Article 67 (4) of the treaty, which states, “The Secretary General shall serve a fixed five-year term”; Article 6 (d), which sets Rule of Law and Equal opportunities as a fundamental principle of the community; and Article 7(2), which sets Rule of Law as an operational principle of the community.
“…in making the impugned action and decision to replace Secretary General of the East African Community Dr Peter Mathuki before expiry of his term and giving it and binding effect, the President of the Republic of Kenya contravened, neglected and flouted articles 6(d), 7(2) and 67(4) of the treaty of the establishment of the East African Community,” he argues.
Additionally, the lawyer argues President Ruto’s move undermines the independence of the Secretary General as it relegates it to a mere ambassador, who can be recalled home, as opposed to a principal executive officer of the community.
Further, it is Kiwanuka’s view that the move undermines the role of the EAC Summit as the appointing authority of the Secretary General as the nominator usurped the powers of the appointer.
In his prayers to the regional court, the petitioner asks President Ruto’s move be declared unlawful and annulled.
He also prays to the court that it issues a permanent injunction stopping the Kenyan government from recalling Mathuki before his term ends. as well as restraining EAC’s Council of Ministers Parliament or Summit from implementing Ruto’s communication before the Secretary General’s term ends.
MATHUKI TROUBLES
At the centre of Mathuki troubles are allegations of misappropriation of $6 million Peace Fund at the Secretariat, which were raised during EALA sitting in Nairobi.
Uganda EALA legislator Musamali Mwasa Paul during the debate on President Ruto’s speech said member countries should deploy to the EAC Secretariat competent people who are “ideologically oriented and clear about the mission and vision of the East African integration agenda.
“If we only deploy for the sake of it, or if we don’t pay attention to whoever is being deployed at EAC, right from the Secretary General, to the lowest cadre, Your Excellency [President Ruto], we risk employing merchants. They are just going there to look for money. We risk employing corrupt people. They will go there and start squandering the little support going there.
Dennis Namara, MP for Uganda, adsked the Kenyan government and the summit to replace Mathuki.
“It is not too late to liberate the East African Community. The Secretary general you gave us from Kenya, I was wondering, is this the best export Kenya could send to the community?” Namara posed.
MATHUKI DEFENCE
However, through a press release on Monday responding to the EastAfrican newspaper lead story headlined “Why Mathuki has to go”, EAC Secretariat said the allegations are “baseless, malicious, unfounded and an attempt on assassinating the character of the Secretary General”.
The Secretariat said there are proper checks and balances on all its operations, and such allegations have not been levelled against it by the relevant offices.
” The Council of Ministers supervise the EAC secretariat. At no point in time has there been any queries raised by the Council of Ministers as to the allegations on lack of appropriation of funds by the Secretariat as the Council always gives prior approval on expenditure of funds of the Community as stipulated in EAC’s Financial Rules and Regulations including what is published in the article,” it said.
Further, it said there is an Audit Commission that prepares a report on all activities of the Community conducted by all partner states, in line with International Audit Standards and it has not raised any queries.
“Since the Secretary General assumed office three years ago, there has never been any adverse audit reports on his part or the Secretariat and these audit reports remain available at the offices of the Community,” it added.
