In a major development that could mark a turning point in the Democratic Republic of Congo’s political landscape, the senate has voted to lift former President Joseph Kabila’s legal immunity. This decision opens the door for potential prosecution over allegations that he supported rebel forces destabilising the country’s eastern region.
Authorities claim that Kabila, who held power from 2001 to 2019, has ties to the M23 armed group—a militia responsible for seizing key territories in the mineral-rich east. Officials cited what they described as a “substantial body of documents, testimony and material facts” that purportedly link the 53-year-old former leader to the group’s activities.
Kabila, currently based in South Africa, has not issued any recent statement regarding the allegations. However, he has consistently denied any involvement with the insurgents in the past.
On Thursday, an overwhelming majority of lawmakers in the upper house—nearly 90 senators—voted in favour of lifting his immunity, with only five opposing the motion. “The senate authorises the prosecution and lifting of Joseph Kabila’s immunity,” announced Senate Speaker Jean-Michel Sama Lukonde after the session.
Kabila was notably absent during the proceedings and did not present a defence before the senate. Since leaving office, he has held the lifetime position of “senator for life”, a title that had previously shielded him from legal action.
The decision follows a formal request from the military prosecutor, who urged the senate to revoke Kabila’s immunity in order to proceed with legal action.
Earlier this year, Kabila had declared his intention to return to DR Congo to contribute to peace efforts in the east. Reports later surfaced that he was seen in Goma, a city currently under the control of M23 rebels. These claims were promptly denied by his political party, the People’s Party for Reconstruction and Democracy (PPRD).
In April, the government took further steps against the former president’s political apparatus by banning the PPRD. Officials accused the party of maintaining an “ambiguous attitude” toward the rebel occupation. Justice Minister Rose Mutamba subsequently ordered the seizure of Kabila’s assets, stating that he must “face justice… and present his defence”.
The unfolding case has sparked debate among political observers, some of whom caution that prosecuting a former head of state could further inflame tensions in a country already contending with a decade-long rebellion. The M23 insurgency, which first emerged in 2012, remains one of the most persistent threats to stability in eastern Congo.
According to AFP reporting, Kabila’s party has criticised the legal move, dismissing the prosecution as “pure theatre” and suggesting that it distracts from the country’s deeper governance and security challenges.
