DAR ES SALAAM, Tanzania — Tension hovered over a Dar es Salaam courtroom on Monday as former Kenyan Chief Justice David Maraga met Tanzanian opposition leader Tundu Lissu, who is on trial for treason.
Lissu, a vocal critic of the ruling Chama Cha Mapinduzi (CCM) party, was arrested in April after urging his supporters to boycott October’s elections unless sweeping reforms were made. His slogan: “No Reforms, No Elections.”
Maraga, speaking briefly after the courtroom exchange, said he was moved by Lissu’s composure.
“It was truly inspiring to see my brother, Tundu Lissu, in high spirits today in court,” he said. “I hold firm in the hope that the legal process ahead will be fair, just, and expeditious reflecting the highest standards of integrity, independence, and respect for human dignity.”
His comments came as regional tensions grew over Tanzania’s handling of foreign legal observers.
Detentions at the Border
Just hours before Maraga’s arrival, Tanzanian authorities detained his predecessor, former Kenyan Chief Justice Willy Mutunga, along with human rights defenders Hanifa Adan and Hussein Khalid. The trio had flown in to monitor Lissu’s trial as part of a civil society delegation.
Their detention followed the earlier deportation of Kenya’s former Justice Minister Martha Karua, lawyer Gloria Kimani and campaigner Lynn Ngugi, all of whom were turned away without formal explanation.
Activist Boniface Mwangi, also in Dar es Salaam, said unknown individuals attempted to enter his hotel room around 1 a.m. on Monday, claiming to be “friends.” An hour later, reports of Mutunga’s detention began to circulate.
No official charges were brought against any of the Kenyan nationals, and Tanzanian authorities had not issued a statement on the matter by Monday evening.
Kenyan Government Responds
In Nairobi, Kenya’s Ministry of Foreign Affairs called for the immediate release of Mutunga and his colleagues. Principal Secretary Korir Sing’oei said the detentions contradicted the spirit of regional cooperation.
“We strongly urge the authorities in Tanzania to release the former Chief Justice of Kenya and his delegation,” Sing’oei said, citing the principles of the East African Community (EAC), of which both countries are members.
But Kenya’s official response was not unified.
Government Spokesperson Isaac Mwaura took a different line, saying Tanzania was within its rights to deny entry to any foreign national.
“If the government of one of the member states of the East African Communities decides to deny an individual entry into their country, it has the authority to do so,” Mwaura told reporters.
He added that Kenya had no role in the detentions and had not been consulted.
Democracy Under Pressure
The treatment of observers and legal experts has sparked concern across East Africa, with civil society groups warning of a shrinking space for dissent in Tanzania. Critics say the government is using immigration and security laws to shield itself from scrutiny.
Lissu’s trial has become a flashpoint in that broader debate.
A prominent lawyer and former MP, Lissu survived an assassination attempt in 2017 and spent years in exile. His return ahead of the 2025 general elections reignited tensions with the state.
He denies the charges against him, which include treason and spreading false information. If convicted, he could face the death penalty.
For now, his trial continues under heavy security, while the fate of the detained Kenyan observers remains unclear.
Still, for Maraga, the message was clear: “Judicial independence is the bedrock of democracy,” he said. “And justice must not only be done it must be seen to be done.”
