Lawyer sues Kenya over removal of EAC secretary-general

Ugandan lawyer Hassan Male Mabirizi is suing the Government of Kenya over the ‘illegal removal’ of Peter Mathuki as secretary-general of the East African Community (EAC). Mabirizi's suit against the Attorney-General of Kenya and Mathuki at the East African Court of Justice challenges the recall, saying it ‘reduces the office of secretary-general to a mere ambassador’. The Observer reports that he reasons that according to article 67 of the EAC Treaty, a partner state nominates a person to the post of secretary-general and the secretary-general is appointed by the Heads of State Summit, not a President of a country. He charged that recalling Mathuki and replacing him with another person was illegal, because the secretary-general's term of office is fixed at five years, and could therefore not be terminated by the President of their country. Mabirizi's court action comes as the EAC secretariat came to the defence of Mathuki against allegations of financial mismanagement. At the weekend, President William Ruto appointed Mathuki ambassador to Moscow, an act that was interpreted as trying to save face for Mathuki and/or Kenya, as he was facing impeachment by the regional Parliament. Mathuki was accused by East African Legislative Assembly (EALA) members of spending up to $6m without appropriation by the regional Parliament as per the regulations. EALA MPs also alleged that Mathuki hired his son and paid him $31 000 without going through the laid-down procedures, yet the office was already occupied by a substantive official. He has denied the claims.