Constitutional Crisis Allegations

Former Kenyan Chief Justice David Maraga has publicly questioned the legitimacy of Tanzanian President Samia Suluhu Hassan’s recent re-election, citing a critical flaw in Tanzania's constitution that prevents legal challenges to presidential election results. Speaking during an interview on Kenya's TV47 on the evening of Tuesday, November 4, 2025, Maraga, a respected legal figure in East Africa, argued that this provision undermines the democratic rights of Tanzanians.

“If the Tanzanian Constitution had allowed presidential court cases like Kenya, the elections would easily have been declared illegitimate. Their constitution does not allow a petition challenging the presidential election, and that is a big mistake,” Maraga stated. He concluded, “If the people have not been given the chance to choose who they want... Mama Suluhu has not obtained the legitimacy of the Tanzanian people.”

The clause in question is Article 41(7) of Tanzania's 1977 Constitution, which explicitly states that once the Independent National Electoral Commission (INEC) declares a presidential winner, “no court of law shall have any jurisdiction to inquire into the election of that candidate.” Notably, in a 2020 ruling, the Arusha-based African Court on Human and Peoples' Rights ordered Tanzania to amend this section, a directive the government has yet to implement.

Post-Election Turmoil in Tanzania

Maraga's comments land in the middle of a volatile post-election period in Tanzania. President Suluhu was declared the winner of the October 29, 2025, general election with an overwhelming 97.66% of the vote. The announcement was followed by widespread protests in major cities like Dar es Salaam, Arusha, and Mwanza, with demonstrators alleging electoral fraud and the suppression of opposition parties.

The government responded with significant force. Human rights organizations and international media have reported on a violent crackdown by security forces, involving live ammunition and tear gas, which has led to a disputed number of fatalities. Opposition party CHADEMA has claimed hundreds have been killed, while the United Nations has confirmed at least 10 deaths. The Tanzanian government has called the opposition's figures “hugely exaggerated.” In the aftermath of the vote, authorities also imposed a nationwide internet shutdown for several days, a move that Amnesty International condemned as an attempt to silence dissent and obstruct the documentation of human rights violations.

Regional Implications and Denials

In his interview, Maraga also criticized President Suluhu for attributing the unrest to outside influence. “Samia Suluhu is living in denial. If it were foreigners protesting and Tanzanians denying it, it would be something different,” he remarked. President Suluhu, in her first comments after being sworn in on Monday, November 3, 2025, claimed that “Most of the youth that were arrested doing bad things came from outside Tanzania.” A police spokesperson similarly blamed “foreign instigators” for the chaos.

The African Union (AU) issued a statement that both congratulated President Suluhu on her victory and expressed deep regret for the loss of life during the protests, urging authorities to uphold the right to peaceful assembly. The Southern African Development Community (SADC) observer mission concluded that the elections “fell short of regional standards,” citing widespread intimidation. Meanwhile, some Western observers, including members of the European Parliament, have called the election “neither free nor fair.”

For Kenya, the political instability and democratic backsliding in its southern neighbour carry significant implications for regional trade, security, and diplomatic relations within the East African Community. Maraga's direct challenge to a sitting head of state is a rare move for a figure of his stature and signals growing concern within the region over the political trajectory of Tanzania. This is not the first instance of friction between Maraga and the Tanzanian government; in May 2025, he was part of a delegation of regional activists visiting in solidarity with opposition leader Tundu Lissu, which prompted accusations of interference from Tanzanian authorities.