Kenya notifies EAC of intent to recall Secretary-General Peter Mathuki

Kenya has formally commenced the process to recall Peter Mathuki from his position as the Secretary-General of the East African Community.

The move, announced in an official letter addressed to the Chairperson of the EAC Council of Ministers, Deng Alor Kuol, signals a significant shift in leadership within the regional bloc.

Kenya’s Cabinet Secretary for EAC Affairs, Peninah Malonza notified member states of Kenya’s intent to withdraw Mathuki from his prestigious post. The decision follows Mathuki's recent nomination as Kenya’s Ambassador to Russia in President William Ruto’s recent Foreign Service reorganisation.

“This has been occasioned by his nomination on March 8, 2024, for appointment as the ambassador of Kenya to Moscow, Russia, by the President. He is now to serve the Republic in a different capacity,” stated Malonza in the letter dated March 15, copied to all partner states.

Further, Malonza added that President Ruto had nominated Caroline Mwende Mueke as Mathuki’s replacement, emphasising the need for a swift transition in leadership within the EAC Secretariat.

In response to these developments, the Kenyan government has urged the EAC Council Chairperson to convene an extraordinary meeting to address the notice of withdrawal.

With Mueke poised to assume the role of Secretary-General, all eyes are on the upcoming summit meeting, where member states will deliberate on these crucial leadership changes.

Recall contested

On March 12, Ugandan lawyer Male Mabirizi moved to the East African Court of Justice following the nomination of Mathuki as Kenya’s Ambassador to Russia. He sought orders to reverse the recall and deployment of Mathuki.

Mabirizi argued that Kenya’s decision to recall Mathuki and replace him with another appointee was unlawful and in direct contradiction to the Treaty establishing the East African Community (EAC). In his application, Mabirizi contended that the recall of the EAC boss violated the Treaty, which stipulates that “the Secretary-General shall serve a fixed five-year term.”

“The applicant prays that the court issue a permanent injunction restraining Kenya from furthering the implementation of the February 8, 2024 action and decision of the President of Kenya to replace Secretary-General East African Community, Peter Mathuki, before the expiry of his fixed five-year term,” the petition read.

He criticised Kenya for disregarding fundamental principles of the EAC, including the Rule of Law and Equal Opportunities Doctrine, as well as Article 7(2) of the EAC Treaty, which designates the rule of law as an operational principle of the community.

“The above-impugned action and decision undermine the independence of the Office of the SG as it relegates him to a mere ambassador capable of being called back home as opposed to a Principal Executive Officer of the Community,” he said.

Mabirizi further alleged that President Ruto undermined the role of the heads of state summit in the appointment of an SG.

“The action undermines the role of the Summit as the appointing authority of the SG since the nominator usurped the powers of the appointer,” he stated.