Joseph Isangura
Two Tanzanian lawyers have turned to the East African Court of Justice in a bid to challenge the conduct of Tanzania’s General Election held on October 29, 2025, arguing that the process fell short of the democratic standards expected of member states of the East African Community.
The case, filed under Reference No. 59 of 2025, names the Attorney General of the United Republic of Tanzania as the first respondent, with the Secretary-General of the East African Community listed as the second. By bringing the matter before the regional court, the applicants are seeking a legal interpretation of whether the election complied with obligations set out in the Treaty for the Establishment of the East African Community.
In their application, the advocates argue that the election process was deeply flawed, citing what they describe as widespread procedural irregularities and violations of fundamental rights. They maintain that the way the polls were organised and managed undermined public confidence and failed to provide a genuine opportunity for voters to freely express their will.
Rather than focusing solely on the final results, the case challenges the broader conduct of the election and events surrounding it. The applicants contend that these actions amounted to a breach of core treaty principles, particularly Article 6(d), which commits partner states to uphold democracy, good governance, the rule of law, and respect for human and peoples’ rights. According to the filing, those standards were not met during the electoral period.
The lawyers describe the election as lacking credibility, arguing that it did not meet regional or international benchmarks for free and fair polls. They say state institutions failed in their duty to protect political rights, creating an environment that compromised the integrity of the process.
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While the application does not directly ask the court to annul the election, it seeks a declaration that Tanzania breached its treaty obligations.
Legal observers say the inclusion of the EAC Secretary-General as a respondent highlights the regional dimension of the case. It suggests that the applicants want the court to consider not only the actions of national authorities, but also the responsibility of regional institutions in promoting and safeguarding democratic values among member states.
The East African Court of Justice has previously ruled that it has jurisdiction over disputes involving alleged violations of the EAC Treaty, including matters related to governance and human rights. However, election-related cases remain sensitive, often raising questions about how far regional courts can go in scrutinising domestic political processes.
The Tanzanian government has yet to publicly respond to the application, though it is expected to submit its defence within timelines set by the court. The case is already attracting attention from civil society organisations, legal experts, and political analysts across the region, many of whom see it as a test of the strength of regional accountability mechanisms.
Whatever the outcome, the legal challenge underscores the growing use of regional institutions as platforms for addressing contested political and governance issues within the bloc.
