The outgoing East African Community (EAC) Secretary General Peter Mathuki has asked the regional body’s legal advisor for a legal opinion in regard to his invitation by Kenya’s Parliament for his vetting for the position of Kenya’s Ambassador to Russia.
The move has been interpreted as a plot to scuttle President William Ruto’s decision to recall Mathuki from EAC for a diplomatic deployment in Moscow.
In a letter dated March 26 which ChimpReports has seen, Mathuki wrote to EAC Counsel, Dr Anthony Kafumbe: “I am in receipt of a letter from the Clerk of the Kenya National Assembly, Ref No. NA/DDC/DIFR/2024(035), dated 25th March 2024, on the above subject to appear for vetting on 8th April 2024. This is further to the letters written by the Republic of Kenya Ref. EAC 4/CONF./2/ Vol. 21(58), dated 15th and 18th March 2024 on Notice of Withdrawal of the Secretary General and Nomination of Appointee to the Post of Secretary General.”
Mathuki added: “The Notice by the Republic of Kenya is awaiting consideration by the Council of Ministers and Summit of the EAC Heads of State, and as we await the process, please provide legal advice on the above matter by close of business, 2nd April 2024.”
A highly placed diplomatic official told ChimpReports on Easter Sunday that trying to use legal means to dodge Parliament vetting could be seen as a direct challenge to President Ruto.
“It seems Mathuki wants EAC’s legal counsel to advise him not to go for the Moscow interview on 8th April because he is still a serving Secretary General,” said a source, adding, “He (Mathuki) possibly wants to use that as the excuse for dodging the interview.”
The withdrawal of Mathuki came after regional lawmakers told President Ruto in Nairobi that the EAC SG had mismanaged resources of the EAC and was involved in nepotism, claims Mathuki had previously denied.
Ruto nominated Ms Caroline Mwende Mueke for appointment by the Summit as the Secretary General of the East African Community.
Mathuki’s legal challenge also comes just a fortnight to the EAC Leaders’ Summit which is expected to endorse Mueke’s appointment as the new EAC SG.
Legal provisions
In a letter dated March 28, 2024, the chairperson of EAC Council of Ministers, Hon Deng Alor Kuol informed regional Foreign Ministers that the chairperson of EAC, President Salva Kiir “has requested the Heads of States to hold an extra-ordinary Summit virtually on 15″ April 2024 at 3:00 PM (EAT) to be preceded by the EAC Council of Ministers session virtually on the same day at 1: 00 AM (EAT) to consider the appointment of Ms Caroline Mwenda Mueke as the Secretary General of the East African Community.”
Kuol added: “Therefore, I hereby direct the secretariat to send out Note Verbale to Heads of State and equally facilitate the both Council and Summit sessions respectively.”
The government of Kenya recently asked the EAC for a waiver to expedite Mathuki’s withdrawal from the Arusha-based secretariat.
The EAC’s rules require a partner State wishing to withdraw an executive staff member, such as the Secretary General, to provide six months’ written notice to the Summit through the Council.
This notice period allows for adequate time to manage the transition and ensures continuity in the operations of the EAC Secretariat during the recruitment process for a new Secretary General.
However, Kenya requested for a waiver of the six months’ notice period from the Council to have Mueke assume office from the date of appointment by the Summit.
The rotation of the position of Secretary General is currently on the Republic of Kenya.
Mueke is expected to serve for the duration of the remainder of Mathuki’s term of two years (until 25th April, 2026).