Ugandan lawyer Hassan Male Mabirizi has sued the government of Kenya over the “illegal” removal of Peter Mathuki as Secretary General of the East African Community.

Mabirizi’s suit against the Attorney General of Kenya and Dr Mathuki at the East African Court of Justice Reference No. 14 of 2024 challenges the recall, saying it “reduces the office of Secretary General to a mere ambassador”.

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 that one country).

According to him, recalling Mathuki and replacing him with another person, is illegal, because the SG’s term of office is fixed at five years, and can therefore not be terminated by the president of his country. Moreover, he says, the Secretary General is a staff of the Community.

The lawyer also says the East African Legislative Assembly has no powers to impeach the secretary general.

Mabirizi’s court action comes just as the EAC Secretariat came to the defense of Dr Mathuki against allegations of financial mismanagement.

At the weekend, it was revealed that President William Ruto had appointed Mathuki ambassador to Moscow, an act that was interpreted as a trick trying to save the face of Mathuki and or Kenya, as he was facing impeachment by the regional parliament.

He is poised to be replaced by Caroline Mwende Mueke, subject to approval by the next Heads of State Summit..

Mathuki was accused by East African Legislative Assembly (Eala) members of  spending up to 6 million dollars (23 billion shillings) without appropriation by the regional parliament as per the regulations.