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On May 20, 2025, Kenyan activist Boniface Mwangi was detained by Tanzanian immigration officials in Dar es Salaam while attempting to attend the court appearance of opposition leader Tundu Lissu. As of May 22, Mwangi remained in custody without any formal charges, court appearance, access to a lawyer, or communication with Kenyan consular representatives.
Despite the peaceful nature of his visit, Mwangi has been held by immigration authorities for more than 48 hours—well beyond the lawful detention window established by both Tanzanian and international legal frameworks.
Mwangi’s detention constitutes multiple violations of the Constitution of Tanzania:
Article 15(1)–(2): This provision enshrines the right to personal freedom and stipulates that any arrest or detention must be legally justified and follow due process. Holding Mwangi beyond the 24-hour threshold without judicial review is a direct breach.
Article 13(6)(a): This guarantees every person the right to a fair hearing. Mwangi has not been informed of the charges against him, nor has he been brought before an impartial authority—contravening this constitutional safeguard.
The Criminal Procedure Act (s. 32) reinforces this, requiring that anyone arrested without a warrant be presented before a court "as soon as practicable and in any event not later than twenty-four hours." This statutory right has also been violated in Mwangi’s case.
Under the Police General Orders and the Basic Rights and Duties Enforcement Act, which derive authority from Articles 15 and 30 of Tanzania’s Constitution, certain minimum standards must be upheld following an arrest:
Immediate explanation of the grounds for detention.
Prompt notification of the individual’s family and legal counsel.
Access to habeas corpus and judicial oversight.
None of these have been provided to Mwangi. Immigration officials have failed to record the basis for the arrest, denied family contact, and obstructed access to legal representation.
Tanzania is a signatory to multiple binding international treaties that prohibit arbitrary detention and demand due process. In Mwangi’s case, the following have been violated:
International Covenant on Civil and Political Rights (ICCPR):
Article 9(1)-(4): Prohibits arbitrary arrest, mandates prompt judicial review, and requires that detainees be informed of the reasons for their detention.
Article 14(3)(b): Grants the right to communicate with legal counsel.
Universal Declaration of Human Rights (UDHR):
Article 9: Prohibits arbitrary arrest or detention.
Article 10: Affirms the right to a fair and public hearing.
African Charter on Human and Peoples’ Rights:
Article 6: Prohibits arbitrary detention.
Article 7: Guarantees the right to a fair trial and legal defence.
By withholding charges, denying access to counsel, and preventing judicial review, Tanzanian authorities have placed themselves in clear violation of these international commitments.
The Kenyan Ministry of Foreign and Diaspora Affairs has a legal and diplomatic obligation to act. Under Article 36 of the Vienna Convention on Consular Relations, Kenya has the right to consular access to any of its citizens detained abroad. Authorities must:
Formally demand immediate consular access.
Notify international bodies such as the UN Working Group on Arbitrary Detention and the African Commission on Human and Peoples’ Rights.
Pursue diplomatic channels to secure Mwangi’s release or, at the very least, legal representation and a transparent judicial process.
If Tanzania continues to deny these rights, Kenya may be compelled to escalate the matter to international legal forums.
Boniface Mwangi's detention is more than just a legal mishap. It reflects a growing intolerance for scrutiny and transnational activism in East Africa. It challenges the region’s commitment to human rights and the rule of law. If activists—peacefully observing judicial proceedings—can be detained without charge and denied due process, the entire fabric of civic engagement and cross-border solidarity is at risk.
This case now sits at the intersection of constitutional rights, international law, and regional diplomacy. Silence is complicity.
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