The Kenya Human Rights Commission (KHRC) strongly condemns the arbitrary arrest and unlawful detention earlier today of — at Julius Nyerere International Airport (JNIA) in Dar es Salaam, Tanzania

The three Kenyan advocates were detained shortly after arriving in Tanzania, where they had travelled on a lawful mission to observe the ongoing judicial proceedings involving Hon. Advocate Tundu Lissu, Chairperson of the opposition party Chama cha Demokrasia na Maendeleo (CHADEMA).

Their detention raises serious concerns about violations of fundamental human rights and the erosion of due process. Notably, the trio was engaged in a legitimate and internationally recognized human rights activity — trial observation — which is explicitly protected under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

It is essential to emphasize that trial observation is not merely a procedural formality, it is a critical safeguard that upholds the integrity of legal proceedings, especially in politically sensitive cases such as that of Hon. Advocate Lissu. The presence of independent observers helps deter judicial misconduct, promotes transparency, and strengthens public trust in the justice system.

The KHRC affirms that observers must be granted unrestricted access to all aspects of the trial process, including the presentation of evidence and the conduct of judicial officers. Any obstruction of this right undermines the rule of law and opens the door to political interference and judicial bias.

In view of these serious transgressions, the KHRC hereby issues the following demands:

  1. That Tanzanian authorities uphold their binding obligations under international human rights law, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
  2. Strict observance of due process in all judicial proceedings, free from political interference or intimidation.
  3. That independent trial observers be granted full, unfettered access to all court proceedings related to this case, in accordance with international norms and standards.

Lastly, targeting human rights defenders and legal professionals for lawfully performing their duties constitutes a grave and unacceptable violation of fundamental freedoms. Such actions set a dangerous and regressive precedent with far-reaching implications for the rule of law and democratic governance in the region. We therefore urge the international community, civil society organizations, regional bodies, and all advocates of justice and human rights to unequivocally condemn these infringements and to stand in steadfast solidarity with the impacted individuals.

Kenya Human Rights Commission (KHRC)