Kenyan photojournalist and activist Boniface Mwangi and Ugandan human rights defender Agather Atuhaire have filed a landmark case at the East African Court of Justice (EACJ) in Arusha, seeking at least $1 million (Ksh129.15 million) each in compensation over alleged grave human rights violations committed against them by Tanzanian authorities.
Filed on July 18, 2025, the petition is backed by seven major civil society organizations and regional bar associations, including the Kenya Human Rights Commission (KHRC) and the East Africa Law Society (EALS).
The lawsuit names as respondents the Secretary General of the East African Community (EAC) and the Attorney Generals of Tanzania, Kenya, and Uganda.
Torture, Disappearance, and Unlawful Deportation
According to court filings, the two prominent activists were in Dar es Salaam, Tanzania, in May 2025 to observe the ongoing treason trial of Tanzanian opposition leader Tundu Lissu.
Between May 19 and May 23, Mwangi and Atuhaire were allegedly abducted from their hotel by unidentified individuals, detained at various government facilities including the Immigration Department and the Central Police Station, and later moved to undisclosed locations.
There, the two claim they were tortured, subjected to inhumane treatment, and in the case of Atuhaire, experienced acts of sexual violence. Eventually, both were deported without explanation—Mwangi dumped across the border into Kenya, and Atuhaire into Uganda.
“What happened to us was evil and was meant to silence us,” Mwangi stated. “We refused to be silenced. We are going to court not only to fight for justice but to show the world what happened to us in the dark.”
Legal Grounds: Treaty and Charter Violations
The applicants argue that their enforced disappearance, torture, arbitrary detention, and deportation violate:
- The Treaty for the Establishment of the East African Community
- The African Charter on Human and Peoples’ Rights
- Other regional and international human rights instruments
They also accuse the EAC Secretary General of failing to act, despite the disappearance being widely reported and condemned by international and regional human rights groups.
In addition, the Kenyan and Ugandan governments are faulted for failing to protect their citizens, thereby breaching their obligations under both national and international law.
“These acts and omissions violate not only legal frameworks but also the principles of East Africanness and Pan-Africanism,” reads the petition.
What the Petitioners Want
Besides the $1 million compensation each for the suffering endured, the petitioners are seeking:
- A public apology from the governments of Tanzania, Kenya, and Uganda
- A formal condemnation of the unlawful acts by the EAC Secretary General
- Psychosocial support and rehabilitation for both victims
- Institutional and legal reforms to prevent similar occurrences
- A convening of the EAC Heads of State Summit to review the region’s peace, security, and governance mechanisms
Regional Legal Community Speaks Out
The case has sparked outrage among legal and civil society leaders across East Africa.
“This case is not just about two individuals. It is about defending the soul of East Africa—the principles of human dignity, regional integration, and the rule of law,” said Donald Deya, Advocate and CEO of the Pan African Lawyers Union (PALU).
David Sigano, CEO of the East Africa Law Society, added: “No citizen should be tortured, disappeared, or deported simply for observing a court trial. The EACJ must rise to the occasion.”
Legal experts suggest this case could set a groundbreaking precedent for how the East African Court of Justice handles cross-border human rights violations committed within the bloc’s jurisdiction.
A Pattern of Suppression?
This incident is not isolated, observers say. It fits into a broader pattern of intimidation, surveillance, and harassment of civil society actors in the region, particularly those engaged in political observation, judicial transparency, and freedom of expression.
Tanzania, in particular, has faced repeated scrutiny for its crackdown on dissent, especially since opposition leader Tundu Lissu returned from exile to face treason charges many consider politically motivated.
The abduction of foreign observers—and the apparent collusion or indifference of neighboring states—has raised serious concerns about rule of law and regional cooperation.
Will Justice Be Done?
The EACJ, headquartered in Arusha, is mandated to ensure adherence to law in the interpretation and application of the EAC Treaty. However, it has historically been cautious about intervening in politically sensitive matters.
This case could force the court to reckon with its role in defending fundamental human rights and holding states accountable, even when such action may stir diplomatic tensions.
Human rights groups, regional legal experts, and international watchdogs will be closely monitoring the proceedings. For many, this case is not only about two individuals—it’s a test of whether the region’s legal systems can protect the people from the power of the state.
“We can’t allow evil to prosper,” Mwangi said. “We hope this case gives more victims of the state the courage to speak up and seek justice.”