During his inauguration in 1994, Nelson Mandela said, “disregard of the law is the gateway for anarchy.” The Kenyan female anchor broached Martha Karua’s ordeal in Dar-es-Salaam with Mandela’s remark. Martha Karua, Kenyan senior Counsel, concurs citing what is transpiring in Kenya. She says look at what is happening around us in Kenya: “…abductions, tortures and murders are now a way of life here in Kenya…”
Her Kenyan lawlessness claims differed with her Foreign Minister Musalia Mudavadi who bragged: “… I always tell you Kenya is a democratic nation. Once you leave Kenya, you should know you are bound by the laws of other countries, and the freedoms you used to take for granted here in Kenya may not be guaranteed elsewhere…..”
Those in power and those who aspire to replace them seem not to agree on issues of democracy, governance amd the rule of law. This article captures the one on one interview between Kenyan news anchors and Martha Karua. This is her ordeal in the hands of Tanzania authorities at JNIA.
I will also interrogate why Tanzania authorities were pissed off with her and other Kenyan activists. Was it really their Court observations or politicisation of the Tundu Lissu trial that crossed the red lines? Enjoy this piece.
It all commenced here:
Former chief Justice David Maraga had travelled to Tanzania on Monday 19th May, 2025 as part of a third Kenyan delegation that went to support Tundu Lissu. The first group, which visited earlier, included Senior Counsel and People’s Liberation Party (PLP) leader Martha Karua Karua, together with human rights advocates Lynn Ngugi and Gloria Kimani, landed at Julius Nyerere International Airport in Dar es Salaam at 9 a.m. on Sunday, 18th May, 2025.
However, shortly after their arrival, they were detained by Tanzanian authorities and deported back to Nairobi. The three had been invited to Tanzania as guests of the East Africa Law Society (EALS) and the Law Society of Kenya (LSK), making their sudden deportation a point of diplomatic concern.
What Martha Karua said to news reporters back home, in Nairobi:
“Look around at the abuse of public funds, and all the wrong things that are happening around us. That we can renovate state House or offices of William Ruto but we have no money for vaccines or for children examinations. Really, the disregard of the law is the gateway to anarchy.
Tundu Lissu’s incarceration is due to the fact that he is seeking reforms before the forthcoming elections. I don’t know since when demanding for reforms or protesting “no reforms no elections” they will not be participating in the elections became a criminal offence!
Treason charges are political in nature for the incumbent says you want to overthrow me through unlawful means, refusing to participate in an election is not by unlawful means.
So by detaining Tundu Lissu, Mama Samia is trying to go past the goal without a challenger.….”
The legal threshold for treason:
What Martha Karua said:
“…..it is high, but the law is good as the Court is implementing it. Last time I was in Tanzania to observe Tundu Lissu’s case, they refused to produce him in court, insisting the trial will be conducted virtually….”
On Kenyan TV47, this is what she said:
The female anchor had asked her take on president Samia Suluhu Hassan’s remark that she would not allow foreigners to come to Tanzania and disturb the peace:
This were Martha Karua’s responses:
“…our deportations went against the EAC Treaty, and if we had broken any law we should have been charged in Tanzania courts…”
She quoted CCM deputy Chairperson Wasira whom she claimed had said she was deported because of the statements she had made in her previous court observation.
Martha Karua was adamant first and foremost she was not informed of those grounds and moreover others who were thrown out were not part of her entourage during her maiden visit in April 21st.
If that was a true reason those who didn’t appear in April wouldn’t have been thrown out as she was. She decried former Kenyan Chief Justice Willy Mutunga who had not made any statement on the political situation in Tanzania still was deported and all the others!
She proceeded to ground her case as follows:
“…..This deportation was an afterthought, after they have seen the crude way they have treated us, and even the trial doesn’t allow it although the law says it is a public court…what were the foreign diplomats doing in court?
…by the way there were other observers in court.
It is only the six of us who were prevented from entering Tanzania. Boniface Mwangi was not released by Tanzanian authorities but was dumped at the Lunga Lunga border.
It was not his home where they had dumped him. He had no phone and his passport was dumped with him. He found his way to Mombasa through help of others, and his wife organized him to be taken to Mombasa hospital. He was in a wheelchair to and fro Mombasa Hospital. He couldn’t walk on his own.
At Wilson Airport, Bonny had given his statement… it is not up to me to water down that statement. What I can say I went to hospital to see him.
He had shown me swelling in his feet, and had told me he was feeling pain in his whole body he was tortured. The doctors were examining him, and there will be a full medical report to share.
But the question is why?
Torture, cruelty and degrading, inhumanely treatment? Why would Tanzania do that to Kenyans and to Ugandans?
Boniface Mwangi was detained alongside Ugandan human rights activist, Agather Atuhaire, a human rights defender from Uganda.
Why torture them since Mwangi told me he could hear Agather Atuhaire being tortured in another room. Where is Agathae? Is this the East Africa that subscribes to the rule of law, good governance and democracy?
Tanzania under mama Samia Suluhu Hassan has shown her face in violations of human rights, and it is not alone. Kenya is also doing it. The situation could have been different if Kenya had demanded an explanation on Sunday, and on Monday when Bonny and others were arrested in Tanzania.
It could have asked for them to be returned or reasons for their detention to be given. But when CS Mudavadi said to gloat over the mistreatment of Kenyans that is where Tanzania authorities got their audacity to torture Kenyans.
Kenyan and Tanzanian governments are responsible for torture of Bonny and Agathae, and Agathae is still missing. We are aware of an activist whom I had met recently Mdude Nyagali has been missing for more than 100 days, he was abducted from his house by the people who identified themselves to be the police.
They tortured him in his house, and videos from his house were bloody scenes in his house. Is he well, what is happening in Tanzania torturing nationals and foreigners?
An official of Chadema was abducted from the bus and was turned up tortured and dead. Others too have been tortured what is happening in Tanzania?
What is happening to Kenya where citizens have been abducted, tortured and some found dead. Some are still missing..two Mlolongo are still missing…
Our governments are not taking any responsibilities. Why do they exist or if they cannot take care of security of their own people?
Besigye was abducted in Nairobi and taken to Uganda where he was charged in military tribunal until recently was changed to civilian Court. He is facing treason charges.
People believed to be Kenyan security forces collaborating with the Ugandan security forces abducted Besigye from Nairobi and renditioned him to Uganda. Besigye is in custody even up to today.
I was in a court yesterday where was given a mention for next week but today I am seeing production of warrants for tomorrow.
I do not know what is happening to our beloved Jumuiya. We asking citizens to speak up against torture, abductions, human rights abuses, enforced disappearances … against desecrations of our constitutions which have similarities in disregard of human rights and the rule of law…
To work on to stand up with Jumuiya in solidarity with our respective countries, let us resist oppression, let us push back…and together as citizens of Jumuiya let’s hold hands and push back.
We deserve better, and must not allow those to continue. Must do the best we can and get usher in governments through the rule of law that look after our interests and with respect of our rights.
As a coordinator of pan africa, I wrote a letter today to the AU….” End of quotation.
Integration of Legal services in the EAC still work in progress!
The ability of registered East African lawyers to practice in all EAC member states under the EAC Treaty is a nuanced issue. While the EAC framework promotes regional integration, the current legal landscape reveals both progress and limitations:
1. EAC Treaty and Common Market Goals.
The EAC Treaty establishes the Common Market (operational since 2010), which aims to ensure the free movement of goods, services, labor, and capital across member states. This includes professional services such as legal practice. However, the implementation of these provisions remains incomplete, and national regulations still largely govern legal licensing.
2. Practice Before the East African Court of Justice (EACJ).
Lawyers registered in any EAC member state may represent clients before the EACJ, provided they are entitled to practice before a superior court in their home country. Article 37 of the EAC Treaty explicitly allows advocates from Partner States to appear before the court, creating a regional avenue for legal practice.
3. National Restrictions and Local Licensing.
Despite the Common Market framework, national legal systems retain autonomy over bar admissions.
For example:
Lawyers must typically register with local bar associations or regulatory bodies in each country to practice in domestic courts.
The Lawyers Global directory highlights country-specific listings, implying that cross-border practice still requires adherence to individual national rules. No unified regional licensing mechanism exists as of 2025, though the EAC continues to pursue deeper integration.
4. Progress Toward Harmonization.
The EAC has advanced initiatives like the Customs Union and Monetary Union, which lay groundwork for future professional mobility. However, harmonizing legal standards and mutual recognition of qualifications remains a work in progress.
5. Key Challenges.
Regulatory Divergence:
Differences in legal education, ethics codes, and procedural rules across member states complicate seamless practice.
Limited Case Law:
While the EACJ has ruled on issues like freedom of expression (e.g., striking down Tanzania’s Media Services Act), its jurisdiction does not explicitly override national legal licensing systems.
Take Aways:
Registered East African lawyers cannot yet practice freely in all EAC countries without additional national accreditation. The Treaty’s vision for a fully integrated Common Market is still evolving, and legal practice remains subject to local regulations. However, the EACJ provides a regional platform for cross-border advocacy, and ongoing integration efforts may expand opportunities in the future. For now, lawyers must comply with individual member states’ requirements to operate domestically.
How Martha Karua was able to navigate Ugandan legal pitfalls before representing Besigye in his treason case.
Martha Karua, a Kenyan lawyer and former Justice Minister, was permitted to represent Ugandan opposition leader Kizza Besigye in his treason case in Uganda under specific legal and procedural conditions. Here’s an analysis of how this occurred:
1. Legal Authorization Through Ugandan Licensing.
Ugandan law requires foreign lawyers to obtain a practicing certificate from the Uganda Law Council to represent clients in domestic courts. Karua’s participation was contingent on her team securing this license, which was under processing during the case’s adjournments. The court granted time for her paperwork to be finalized, reflecting compliance with Ugandan regulations.
2. Besigye’s Explicit Mandate.
Besigye insisted on Karua as his lead counsel, emphasizing his constitutional right to choose legal representation. His Ugandan lawyers, including Kampala Lord Mayor Erias Lukwago, argued that proceeding without her would violate his right to a fair trial, a stance supported by Uganda’s Constitution. The court initially adjourned the case to accommodate her absence, acknowledging this right.
3. Regional Legal Framework and Precedents.
While the East African Community (EAC) Treaty promotes the free movement of services, legal practice in domestic courts remains governed by national laws. However, Karua’s high-profile status and expertise in constitutional law likely facilitated her acceptance. Notably, she has previously represented clients regionally, including in Tanzania, though her deportation from Tanzania (unrelated to Uganda’s case) highlights varying state attitudes.
4. Political Context and Judicial Scrutiny.
The case’s political sensitivity—Besigye is a vocal critic of President Museveni—drew international attention. Karua’s involvement amplified scrutiny of Uganda’s judicial process, pressuring authorities to adhere to procedural fairness. The court’s eventual insistence on her presence (e.g., Magistrate Christine Nantege halting proceedings without her) suggests a balancing act between political pressures and legal norms .
5. Procedural Delays and Prosecution Pushback.
The prosecution opposed adjournments, arguing that Karua’s absence was a delay tactic. However, the defense countered that her role was critical for addressing complex legal issues, such as challenging the legality of trying civilians in military courts. The court ultimately sided with the defense, reflecting judicial acknowledgment of due process.
Challenges and Controversies.
Licensing Delays:
Karua’s permit faced bureaucratic hurdles, prompting accusations of state interference.
Regional Tensions:
Karua’s deportation from Tanzania (while unrelated to Uganda’s case) underscores broader East African tensions over opposition trials and foreign legal observers.
Political Motivations:
Critics argue Uganda’s charges against Besigye are politically motivated, with Karua’s involvement seen as a safeguard against judicial bias.
Key Observations.
Martha Karua’s representation of Besigye was permitted due to Uganda’s legal provisions for foreign lawyers, Besigye’s constitutional rights, and international pressure for procedural fairness. However, the process faced delays and political friction, reflecting the interplay between legal norms and authoritarian governance in the region. Her role remains pivotal in testing Uganda’s adherence to judicial integrity amid high-stakes political trials.
Wasira’s comments on Martha Karua.
“…Sisi tunaheshimu sana wageni, ma tunaheshimu sana watu kutoka nchi jirani. Kea sababu tunaheshimu sana mambo ya nchi hizo. Lakini jana, wale watu wa mitandao watakuwa wamesoma. Kaja mgeni, kutoka Kenya anaitwa Martha Karua. Martha Karua ni mwanasheria, tena ni mtu wa Afrika ya Mashariki. Tunamjua ma tunamheshimu sana kwa trauma yake ya sheria.
Lakini ni mwanasiasa wa Kenya, vile vile. Ana chama chake kilikuwa kinaitwa NARC-KENYA. Sasa ameona hakina soko amekibadilisha jina ameanzisha kingine kinaitwa “Peoples Liberation Party. – PLP”
Sasa kaja, ana haki kama mwanasheria kama ameitwa na watu wanoshtakiwa. Sasa polisi, wakikukuta umekosea hawaendi kwa Wasira kumuuliza kama umekosea. Wao ndiyo wamesomeshwa kujua kama amekosea au la.
Wakikuchukua hawaruhusiwi kukaa na wewe muda mrefu. Yakiisha pita masaa 24 wawe wamekufikisha mahakamani. Kwa mujibu wa kikatiba, mahakama ndiyo chombo cha kutoa haki hapa nchini.
Sasa Tundu Lissu kuna mambo aliyofanya na sisi hatuingilii mambo ya mahakama…wana uhuru wao…
Na Martha Karua akiwa mwanasheria aliyebobea anajua kitu kinaitwa separation of powers. Ukiwa na mahakama, Rais hawezi kuingilia mahakama.
Mahakama pekee yake inaweza kuamua kama mtuhumiwa amekosea au la. Mtu hatahesabiwa ana kosa hadi mahakama imuhesabu ana makosa. Sisi hatujui kama ana kosa au hana. Polisi ndiyo wanaojua kama ana kosa au hana. Lakini wao wanamhisi ana kosa lakini Mahakama ndiyo mwamuzi wa mwisho.
CCM.ma serikali yake tuliyoiunda kwa idhini ya mahakama hatuingilii uhuru wa mahakama. Hatuiambii mwachie, hatuiambii mfungeni aaaaha. Mheshimiwa Martha Karua anajua lakini kaja anasema ana kofia mbili Dar-es-Salaam.
Moja ni mwanasheria hiyo kofia tunaiheshimu, amended Kisutu kwa wanasheria wenzake. Lakini akasema yeye ana kofia ya pili yeye ni mwanasheria wa chama. Kwa hiyo, analaumu CCM inaiogopa Chadema ndiyo maana inawakamata ili ishinde uchaguzi. Laaaaaa….
Mfikishieni Martha Karua, mimi nimesema kwa mwaka huu…hakuna chama kinachoweza kuogopwa na CCM chama gani. Maana ukienda ugenini ni vizuri ukajua mambo ya pale kabla hujaanza kulalamika.
Yeye kafika na ndege, kapata holi CCM inaogopa Chadema. Chadema ya kuogopwa iko wapi? Wao wenyewe wamekwisha kutawayika. Pale penyewe kuna G-55 wanatafuta Chama cha kwenda.
Anailaumu Tume anasema imewazuia Chadema….” End of quotation.
Msukuma too expressed lament on Martha Karua including Makala having this counsel to Martha Karua.
Broader Considerations.
Former Minister for works John Magufuli in 2012 joined the then ODM opposition leader Raila Amollo Odinga in the general convention where he endorsed him in Nairobi, Kenya conveying unsolicited support from all Tanzanians! Magufuli looked beyond colonial borders to advance his political agitation. He was right! Africa is one, and anything else is selfishness.
Back home CCM distanced herself from Magufuli dabbling in Kenyan politics stating the party didn’t send him. Whatever he did in the ODM general meeting was a personal initiative unrelated to CCM.
It is vital to note, defending colonial borders to justify “the sanctity of the integrity of the sovereignty.” is outdated and stands in the way of economic emancipation of all Africans. Defense of colonial borders is a fleeting attempt to protect African elitism but is of no use to economic empowerment across Africa.
Read more analysis by Rutashubanyuma Nestory
