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."
