Arusha, Tanzania – 18 July 2025: In a historic move to uphold the rule of law, justice, and human rights across East Africa, two leading human rights defenders, Ms. Agather Atuhaire from Uganda and Mr. Boniface Mwangi from Kenya, accompanied by seven leading civil society organisations and regional bar associations, have filed a Reference at the East African Court of Justice (EACJ). The Reference challenges grave human rights violations, including acts of enforced disappearance, torture, arbitrary detention and unlawful deportation of Agather and Boniface instructed by agents of the Government of the United Republic of Tanzania. The case has been filed by nine Applicants, including:
- Agather Atuhaire (Ugandan journalist and human rights defender),
- Boniface Mwangi (Kenyan photojournalist and activist),
- Agora Centre for Research,
- Centre for Strategic Litigation,
- East Africa Law Society,
- Innovations for Democratic Engagement and Action (IDEA),
- Kenya Human Rights Commission (KHRC),
- Kenyan Section of the International Commission of Jurists (ICJ-Kenya), and
- Pan African Lawyers Union (PALU).
The Respondents in the case are:
- The Attorney General of the United Republic of Tanzania,
- The Attorney General of the Republic of Uganda,
- The Attorney General of the Republic of Kenya, and
- The Secretary General of the East African Community (EAC).
The Reference arises from shocking events that unfolded between 19th and 23rd May 2025. Agather and Boniface were brazenly abducted from their hotel in Dar es Salaam by unidentified persons and were taken to the Immigration Department offices and the Central Police Station in Dar es Salaam. After a few hours, unidentified persons forcibly took them to an unknown location, tortured them, including through acts of sexual violence and eventually thereafter dumped them across the Tanzanian border into Uganda and Kenya, respectively. These violations occurred while the two had lawfully entered Tanzania to observe a public treason trial involving veteran human rights lawyer and opposition leader, Hon. Tundu Lissu. At no point were the two advised under which law they were being detained, nor under what authority they were being removed from the Central Police Station by unidentified persons.
Despite extraordinary media coverage of the enforced disappearance of both Boniface and Agather in the East African and international press, both the Kenyan and Ugandan Governments failed in their legal duty to safeguard their nationals and exhaust all diplomatic and consular avenues to secure their safe return home. Additionally, the East African Community Secretary General failed to take any corrective action within the East African Community despite the enforced disappearance being widespread knowledge. The Applicants argue that these acts and omissions of the Respondents constitute a blatant violation of the Treaty for the Establishment of the East African Community, the African Charter on Human and Peoples’ Rights, and other applicable regional and international legal instruments, and also violate the principles of East Africannness and Pan-Africanism.
The Applicants seek the following remedies:
- Public apologies from the Governments of Tanzania, Uganda, and Kenya;
- Compensation of at least USD 1 million to each victim;
- Rehabilitation and psychosocial support for the victims;
- Formal condemnation of the unlawful acts by the EAC Secretary General;
- Institutional and legal reforms to prevent recurrence;
- A convening of an EAC Summit to review peace, security, and governance in the region.
Boniface Mwangi stated:
“When a state goes rogue, the law must step in to protect their victims. What happened to us was evil, and was meant to silence us but we refused to be silenced. We are going to court not only to fight for justice but show the whole world what happened to us in the dark. We hope this case will give more victims of the state the courage to speak up, and seek justice. We can’t allow evil to prosper.”
David Sigano, Advocate and CEO of the East Africa Law Society, added:
“This matter strikes at the heart of what it means to be East African. No citizen should be tortured, disappeared, or deported simply for observing a court trial. The East African Court of Justice must rise to the occasion.”
Applicants, Donald Deya, Advocate and CEO of PALU, stated:
“This case is not just about two individuals. It is about defending the soul of East Africa – the principles of human dignity, regional integration, and the rule of law. These violations cannot be ignored. We are demanding accountability and justice at the highest regional level.”
Contact for Media Inquiries:
Pan African Lawyers Union (PALU) – Tel: +255 685078794, email: comms@lawyersofafrica.org
Kenyan Section of International Commission of Jurists (ICJ Kenya) – Tel: +254 724 064 353 shukri.wachu@icj-kenya.org
Notes to Editors
Agora Centre For Research (ACR), a non-profit organization founded Uganda in 2023 to combat corruption, human rights violations and misgovernance. ACR utilizes artistic mediums such as cartoons and powerful online exhibitions to spotlight human rights violations and stimulate public political discourse whilst harnessing the power of social media platforms to convene powerful societal dialogues that permit virtual forum discussion of topics overlooked by state- backed media.
Centre for Strategic Litigation (CSL), a Zanzibar based partnership that seeks to advance the vision of a just, tolerant, vibrant and inclusive democracy grounded on respect for the rule of law and justice for all. CSL deploys an innovative approach to litigation and advocacy that seeks to promote access to justice and public debate and education on key democratic principles and values. CSL uses the law to encourage citizen agency in advancing democracy through strategic litigation, public education, petitioning, research, legal and judicial reviews as well as strategic use of media especially online media.
East Africa Law Society (EALS), the apex regional bar association of East Africa, incorporated under the laws of Tanzania, with membership of the national bar associations or law societies in the East African Community and beyond, to wit the Burundi Bar Association, Ethiopian Federal Advocates Association, Katanga Bar Association (DRC), Law Society of Kenya, Rwanda Bar Association, South Sudan Bar Association, Tanganyika Law Society, Uganda Law Society and Zanzibar Law Society.
Innovations for Democratic Engagement and Action (IDEA), a secular, non-aligned democracy ideas incubation hub, and policy think tank, dedicated to shaping Uganda’s democratic landscape. Established primarily to support young people in re-channelling their energy, utilizing their demographic potential to pursue a progressive democratic future, IDEA serves as a platform for transformative ideas aimed at enhancing good governance, citizen participation, and accountability.
The Kenya Human Rights Commission (KHRC), a non-partisan, non-governmental organisation registered in Kenya, has a mandate to enhance human rights-centred governance at all levels. That KHRC has been monitoring socio-political developments in Tanzania and has been gravely concerned with the sharp increase in human rights violations including unjustifiable limitation on civic or political activity, restrictions on freedoms of information, expression, association and peaceful assembly, restrictions on freedoms of the media, torture, illegal arrests and detention, malicious prosecutions, destruction and looting of property, forced displacement and violations of the right to life.
The Kenyan Section of the International Commission of Jurists (ICJ-Kenya), a non- governmental, non-profit and member-based organisation, established in 1959. ICJ Kenya is the only autonomous national section of ICJ based in Geneva, Switzerland, and registered as a Society under the Societies Act, Chapter 108, Laws of Kenya. Its mission is to champion human rights, uphold democratic governance, and strengthen justice and the rule of law in Africa. The organisation has its head office in Nairobi, has a membership drawn from the Bar and the Bench and is governed under a constitution through an elected Council of 7 members serving 2- year fixed terms. ICJ Kenya’s vision is a just, inclusive and equitable society where everyone lives in dignity.
Pan African Lawyers Union (PALU), registered in the Republic of Kenya and the United Republic of Tanzania. PALU is a continental membership forum for African lawyers and lawyers’ associations. It was founded in 2002, by African Bar leaders and eminent lawyers, to reflect the aspirations and concerns of the African people and to promote and defend their shared interests. It brings together the continent’s 5 regional lawyers’ associations, over 54 national lawyers’ associations and over 1,000 individual lawyers. Its vision is to see a united, just and prosperous Africa, built on the rule of law and good governance. Its mission is to advance the law and the legal profession, rule of law, good governance, human and peoples’ rights and socio-economic development of the African continent. PALU often uses public interest litigation to achieve social reforms, benefit disadvantaged social groups and/ or individuals through access to justice, and to advocate for protection of human or peoples’ rights, especially where states, individuals and companies, to name a few, are falling short.