THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday gave Ubungo MP (Chadema) Saed Kubenea three-month conditional discharge for insulting current Dar es Salaam Regional Commissioner (RC) Paul Makonda.
Principal Resident Magistrate Thomas
Simba ruled against the MP after holding that the prosecution
sufficiently proved through its three witnesses that he committed the
offence. The magistrate directed the lawmaker to refrain from committing
a similar offence within the period, warning that he would be
re-arrested and given any other custodian sentence in accordance with
the law in case of any violation.
Immediately after delivery of the
judgment, Advocate Peter Kibatala, for the legislator, informed the
court that the defence has not been satisfied with the conviction - and
that would appeal to the High Court. He presented an oral notice of
appeal in terms of section 361 (1) (a) of the Criminal Procedure Act.
Mr Kibatala requested the court to
supply him with a typed copy of the proceedings and the judgment to
enable him prepare a memorandum of appeal for determination by the High
Court. The magistrate assured the defence that the copies would be
availed to the parties within a short period.
After the court session, Kubenea assured
his electorate that he is still their MP and that he would continue
serving them diligently as he had promised. “You will start seeing my
fireworks starting next week in Dodoma,” he told some of his electorate
who had gathered at the court’s grounds.
He pointed out that his conviction for the ‘’minor criminal offence did not affect his membership of the House as per the law.
Senior State Attorney Mutalemwa Kishenyi
was also of the same position because the sentence provided to the MP
was a minor one despite his conviction. Advocates John Malya and Omar
Msemo later told the ’Daily News’ on separate interviews at the court
grounds after the session that indeed Kubenea was free to continue with
his duties as MP because the sentence provided did not curtail his
movements.
They pointed out that had the court
imposed a custodial sentence against the lawmaker, in particular for a
period exceeding three months, such sentence would have affected his
duties and rendering him illegible to continue serving his electorate.
Mr Simba also considered several other
factors, including mitigation factors advanced by the MP and the
circumstances under which the offence was committed before resolving
that the latter deserved a lenient sentence.
Kubenea had requested for a lenient
sentence, stating that the prosecution admitted that he has no criminal
record and that he went to the scene of the crime with good faith and
intention – that resolving a labour dispute involving workers of TOOKU
Garments Company Ltd.
On the other hand, the prosecution, led
by Senior State Attorney Mutalemwa Kishenyi, had requested the court to
consider the law and the status of the MP in the society when setting
the appropriate sentence to impose to him, considering the nature of the
offence committed.
Kubenea (44), who resides at Ubungo
Makuburi, was alleged to have committed the offence on December 14, last
year, at TOOKU Garments Company Limited’s factory at Mabibo External
within Kinondoni District in Dar es Salaam Region.
The court was told that he abused Mr
Makonda, at the time he was District Commissioner (DC) of Kinondoni
District, by using abusive language in manner that was likely to cause a
breach of the peace.
According to the prosecution, Kubenea
was quoted as telling the former DC, “Wewe kibaka, mpumbavu, mjinga na
cheo chenyewe cha kupewa tu.” Kubenea was arrested by the police in
connection with the offence after he had exchanged some sour words with
Makonda at the factory.
It was reported that the MP had gone to
the factory to talk with some workers over payment disputed with their
employers. But a while later Makonda went at the scene for the purpose
of resolving the controversy.
After holding discussions with the
workers and management of the company, he closed the meeting without
giving Kubenea an opportunity to speak a word to what he called as his
electorate, who had called him there.
It was at such point in time when the
two parted to each other and a disagreement among them ensued. As a
result, it was reported that the ex-DC ordered the police to apprehend
him, which led to his arrest and questioning at a nearby police station.
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