DRC POLITICAL TURMOIL! Why Judicial Pursuit Against President Joseph Kabila is Unprecedented

By Defraise Enosh MUHINDO

Since April 2025, former President of the Democratic Republic of Congo (DRC), Joseph Kabila, has been at the center of an unprecedented judicial storm. Accused by Félix Tshisekedi’s government of “direct participation” in the insurgency led by the M23 rebel movement and its political wing, the Congo River Alliance (AFC), Kabila faces legal proceedings initiated by the military justice system.

These actions, marked by the lifting of his parliamentary immunity by the Senate on May 22, 2025, have plunged the DRC into a highly charged political and judicial phase. This article examines the details of the case, refines the allegations against the former head of state, and explores the implications for the country’s political stability.

Context of the Case

On April 30, 2025, the Former Minister of Justice, Constant Mutamba, announced that the Auditor General of the Armed Forces of the DRC (FARDC) had submitted a request to the Senate to authorize the prosecution of Joseph Kabila, a senator for life, on serious charges: treason, participation in an insurrectional movement, war crimes, and crimes against humanity.

These accusations primarily stem from suspicions that Kabila supported the M23, a rebel group active in eastern DRC, particularly in North Kivu, where the city of Goma fell under its control in January 2025.

The Congolese government bases its case on several elements. Among them are confessions from a former AFC advisor, Erick NKUBA currently detained by Congolese authorities, who claims Kabila actively backed the rebellion. Additionally, Kabila in a speech stated to visit Goma and Bukavu in Apri-Mayl 2025. These movements are seen as acts potentially constituting treason, punishable by death under Article 127 of the Congolese Military Penal Code.

Parallel measures have been taken: seizure of Kabila’s movable and immovable assets, searches of his properties in Kinshasa and his Kundelungu farm in Haut-Katanga, and the suspension of activities of his party, the People’s Party for Reconstruction and Democracy (PPRD), and his political platform, the Common Front for Congo (FCC), since April 19, 2025. Movement restrictions have also been imposed on his alleged associates.

On May 22, 2025, the Congolese Senate, dominated by the presidential majority, voted to lift Joseph Kabila’s parliamentary immunity, allowing the military justice system to pursue him. Of the 96 senators present, 88 voted in favor (91.66%), 5 against, with 3 ballots declared invalid.

This decision, presented by Senator Nefertiti Ngudianza and supported by the report of the special committee chaired by Christophe Lutundula, marks a first in DRC history: never before has a former elected head of state been referred to a military court.

However, the move raises legal questions. Some jurists argue that lifting the immunity of a former president should have required a two-thirds majority vote in Parliament (National Assembly and Senate combined), not just the Senate.

Furthermore, Law No. 18/021 of July 26, 2018, governing the status of former elected presidents, grants criminal immunity for acts committed during their tenure. The government contends that the alleged acts, occurring after Kabila’s presidency (2001–2019), fall under his status as a senator for life, thus justifying the jurisdiction of the High Military Court.

Clarifications and Ambiguities of Allegations

The charges against Joseph Kabila are severe but remain shrouded in ambiguity and debate over their foundation. Below is a detailed analysis of the accusations:

Treason: Kabila is accused of maintaining “dealings with a foreign power,” specifically Rwanda, or with the AFC/M23 movement, to destabilize the DRC. The government cites allegations of Kabila’s presence in Goma and Bukavu, under rebel control, where he reportedly met local leaders and religious figures in the presence of an M23 spokesperson. However, no irrefutable public evidence has been presented, and Kabila, in a statement broadcast on May 23, 2025, demanded “concrete proof” while denouncing the politicization of justice.

Participation in an Insurrectional Movement: The government claims Kabila engaged in “communications” on behalf of the AFC-M23, a group Kinshasa labels as “terrorist.” This accusation hinges on the confessions of a detained former AFC advisor ERICK NKUBA, but their credibility remains unverified, with the opposition alleging possible manipulation of testimonies.

War Crimes and Crimes Against Humanity: Kabila is accused of complicity in civilian and military massacres in eastern DRC attributed to the M23. These crimes are punishable under specific articles of the Military Penal Code and the 2015 amendment to the Penal Code. However, no precise details on Kabila’s specific acts have been made public, fueling criticism of the case’s political nature.

Context of Suspicions

Tensions between Kabila and Tshisekedi have escalated since late 2023, when the current president accused his predecessor of supporting the M23 during the Munich Security Conference in February 2025. Kabila, who had remained silent since leaving power in 2019, retaliated in a Sunday Times op-ed and interviews, criticizing Tshisekedi’s “poor governance” and alleged authoritarian slide. This media war intensified Kinshasa’s suspicions, particularly after Kabila announced his return to the DRC via the east, a region under M23 influence.

Reactions and Controversies

The judicial proceedings have sparked polarized reactions. The FCC, Kabila’s political platform, denounced the case as “judicial instrumentalization” and a “violation of the Constitution,” arguing that the status of senator for life is “inalienable” under Article 104 of the Constitution. The FCC frames the prosecution as an attempt by the “dictatorial regime in Kinshasa” to eliminate a political rival.

Opposition leaders like Moïse Katumbi and Martin Fayulu have also expressed reservations, warning of a high-risk move that could exacerbate political tensions. Analysts, such as Ithiel Batumike from the Ebuteli think tank, view the proceedings as a “political act” aimed at weakening Kabila rather than pursuing impartial justice. Others, like Senator Lodi Emongo, see it as a strong signal against impunity, stating that “our country’s development depends on ending impunity.”

Legal ambiguities further complicate the case. The 2018 law on former presidents provides specific protections, and any prosecution for post-tenure acts must follow rigorous procedures. The threat of an international arrest warrant against Kabila, who is reportedly in exile, adds complexity, as his current whereabouts remain uncertain.

This case marks a definitive rupture between Félix Tshisekedi and Joseph Kabila, whose relations had been strained since the collapse of their coalition in 2020. It unfolds amid a security crisis in eastern DRC, where the M23 continues to gain ground, and debates over a potential constitutional revision pushed by Tshisekedi, perceived by the opposition as an attempt to consolidate power.

Some, like Professor Frelimond Muteba, suggest a national dialogue mediated by neutral actors like the National Episcopal Conference of Congo (Cenco) to defuse the crisis. However, the suspension of the PPRD, arrests of Kabila’s allies (such as General Pierre Banywesize and Martin Kabwelulu), and property searches reinforce perceptions of a broad political offensive.

The judicial pursuit of Joseph Kabila by the High Military Court represents a historic turning point for the DRC. While aimed at addressing impunity and strengthening the rule of law, as the government claims, it raises questions about judicial independence and the risk of political instrumentalization. In a country already weakened by conflict and division, this case could either mark a step toward justice or plunge the country into deeper instability. Only the coming weeks will reveal the outcome.