Chief Justice Emeritus David Maraga has faulted the state
over inaction, after activist Boniface Mwangi’s arrest in Dar es Salaam, Tanzania.
Maraga termed Mwangi’s detention in Tanzania a violation of
international law as his whereabouts remain unknown.
He went on to say that the government has not shown any
urgency to ensure the activist is unconditionally released.
“I am deeply concerned by the continued detention of
Boniface Mwangi by authorities in the United Republic of Tanzania without
access to the courts, legal counsel or consular representation, in clear
violation of international human rights law.
“I condemn the failure by the Kenyan government to show any
urgency in ensuring that Boniface Mwangi is freed immediately and
unconditionally,” Maraga said.
The former CJ demanded that the Ministry of Foreign Affairs provide information on
his whereabouts and his condition, and what the state is doing to secure his
freedom.
“I urge the Ministry of Foreign and Diaspora Affairs to
urgently provide the public with clear information about Boniface Mwangi’s
specific circumstances; the reason the Tanzanian government continues to detain
him; and what effort it is making to ensure that Tanzania complies with
international human rights law.”
Mwangi was arrested at a hotel in Tanzania alongside
Ugandan journalist Agatha Atuhaire, and their whereabouts remain unknown.
They had flown to Tanzania to attend a court session for the main opposition leader Tundu Lissu.
On Tuesday night, while appearing on Citizen TV’s prime time
news, Diaspora and Foreign Affairs CS Musalia Mudavadi said Mwangi and his crew
“seem to have rattled the administration in Tanzania”.
This was after he was asked whether Tanzanian authorities had
given a reason for their detention.
“They have not given a lot of detail on that score, but
we all know through the media that a section of Kenyan individuals wanted to go
and observe the judicial process that is going on there in Tanzania, based on the
heightened and emotive electoral processes that take place in any country.
“The best we can conclude is that they seem to have
rattled the administration in Tanzania.”
Mudavadi nonetheless expressed optimism that Mwangi will be
released as soon as possible through diplomatic channels that have since been
activated.
He said any other arising matter relating to Mwangi’s
presence in Tanzania will be resolved later.
“I have been in touch with the Kenyan mission
there…and we hope that he will be released. Our embassy is in touch with him
as well in terms of trying to figure out how he can be helped so that he can
find his way back home.”