The Democratic Republic of Congo’s Senate voted overwhelmingly on Thursday to revoke former President Joseph Kabila’s legal immunity, clearing the path for his prosecution on charges of treason and alleged ties to the M23 rebel group in the country’s volatile east.
By an 88-5 vote, the upper house approved lifting Kabila’s protection from prosecution, which he had held as a senator-for-life since stepping down in 2019. The move follows accusations by Congolese authorities that Kabila supported the Rwanda-backed M23 insurgency, which has seized swaths of territory in the mineral-rich eastern region.
Kabila, 53, has not publicly responded to the allegations, though he has previously denied any links to the rebels. He was not present during the Senate vote, and his current whereabouts remain unknown. The former president has been living in South Africa since 2023, ostensibly for academic pursuits, though he recently hinted at a return to Congo to help resolve the eastern conflict.
"The Senate authorizes the prosecution and lifting of Joseph Kabila’s immunity," declared Senate Speaker Jean-Michel Sama Lukonde after the vote.
A military prosecutor had requested the immunity waiver, citing a "substantial body of documents, testimony, and material facts" allegedly tying Kabila to M23. Among the key pieces of evidence was a contested claim by opposition figure Eric Nkuba, who reportedly testified—under disputed circumstances—that Kabila had advised M23’s leadership to oust current President Félix Tshisekedi via a coup rather than assassination.
Kabila’s political party, the People’s Party for Reconstruction and Democracy (PPRD), dismissed the proceedings as "pure theatre," accusing the government of using the case to divert attention from broader crises. The PPRD was recently suspended by authorities over its perceived ambivalence toward M23’s territorial advances.
The M23 rebellion has exacerbated tensions between Congo and Rwanda, which Kinshasa accuses of backing the rebels—a claim Kigali denies. Despite recent preliminary peace talks, fighting continues to displace hundreds of thousands in the east.
Last year, a Congolese military court sentenced three M23 leaders to death in absentia for treason. The government has since offered a $5 million bounty for their capture.
Kabila, a former military officer, assumed power in 2001 following his father’s assassination. Though he initially supported Tshisekedi’s rise to the presidency, their alliance collapsed in 2020, leaving a lingering power struggle.
With his immunity now lifted, Kabila faces the prospect of a high-stakes trial that could further inflame Congo’s fragile political landscape. Justice Minister Rose Mutamba has called for his return to "face justice"—a demand that, if met, could test the nation’s judicial and political stability.