The Kenya Human Rights Commission (KHRC) strongly condemns the unlawful detention, denial of entry, and subsequent deportation of Kenyan human rights defenders Hanifa Adan, Hussein Khalid, and Willy Mutunga—Kenya’s former Chief Justice—by Tanzanian authorities at Julius Nyerere International Airport on May 19, 2025.
The three, like Martha Karua, Gloria Kimani, and Lynn Ngugi before them, were on a lawful and peaceful mission to observe the judicial proceedings involving Tanzanian opposition leader and renowned human rights advocate, Tundu Lissu. Their detention and removal, without any legal basis, constitute a serious violation of Article 104 of the Treaty for the Establishment of the East African Community (EAC) and Article 7 of the EAC Common Market Protocol—both expressly guarantee the free movement of persons within the region.
In a deeply concerning development, Boniface Mwangi is also detained by Tanzanian immigration officials in Dar es Salaam. At midnight, Mwangi was apprehended from his hotel by unidentified individuals who later became Tanzanian immigration officers. He is reportedly being held under Section 45 of the Tanzanian Immigration Act, yet no summons was issued, nor was due process observed.
These actions breach regional agreements and undermine the foundational principles of democracy, the rule of law, and respect for human rights to which all EAC member states are committed. Moreover, the Tanzanian government’s conduct contravenes international human rights obligations under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR), which uphold the rights to freedom of movement, due process, and participation in public affairs—including the right to observe legal proceedings.
Sovereignty must not be used to justify violations of treaty obligations or fundamental rights. In the landmark case, “Samuel Mukira Mohochi v. The Attorney General of the Republic of Uganda,” the East African Court of Justice affirmed that member states must observe due process when restricting the entry of citizens from fellow EAC countries. Tanzania’s actions, carried out without such safeguards, represent a clear and unlawful breach of its regional commitments.
As such, the KHRC makes the following demands:
- An immediate cessation of arbitrary arrests, detentions, and deportations of human rights defenders by Tanzanian authorities.
- Unhindered access for independent observers to all judicial proceedings related to Lissu, in line with international standards.
- Full adherence by the Tanzanian government to its regional and international human rights law obligations.
The KHRC firmly reiterates that defending human rights is not a crime. Intimidation, unlawful interference, and state-sanctioned repression must have no place in the East African region. We stand in solidarity with all those who work to promote justice, accountability, and democratic freedoms, and we will continue to advocate for protecting civic space across borders.