Mbowe gets High Court brief ‘breather’ for now

MAUREEN ODUNGA

Chama Cha Demokrasia na Maendeleo (CHADEMA) National Chairman Freeman Mbowe (second right) leaves the High Court of Tanzania in Dar es Salaam yesterday after the hearing of his constitutional case. (Photo by Mohamed Mambo)

Chama Cha Demokrasia na Maendeleo (CHADEMA) National Chairman Freeman Mbowe (second right) leaves the High Court of Tanzania in Dar es Salaam yesterday after the hearing of his constitutional case. (Photo by Mohamed Mambo)

 

THE High Court in Dar es Salaam has temporarily restrained the arrest of Chadema National Chairman, Freeman Mbowe pending hearing of his application tomorrow. 

 

The order was granted by a panel which was led by Judge Sekieti Kihiyo, Judge Lugano Mwandambo and Judge Pelagia Kaday. But the court allowed the police to carry on with their investigations under which Mbowe is alleged to have committed.
Addressing Journalists right after the court session, Chadema Chief Legal Advisor, Mr Tundu Lissu said the court had already issued a temporary injunction which effectively prevents police from arresting Mbowe – for now.
For that matter, he said the Regional Commissioner (RC), Mr Paul Makonda, the Dar es Salaam Special Zonal Police Commander, Mr Simon Sirro and the Zonal Crime Officer, Mr Camillus Wambura were temporarily barred from arresting Mbowe.
Mr Lissu also cited an order granted by the court to give room for the applicant to amend the main application to include the Attorney General (AG) as among the respondents in the case. “For that matter the amended application will be submitted on February 27, this year and the response filed on March 6, this year and the case is to come for mention on March 8, this year,” said Mr Lissu.
Appearing before the respondent was Principal State Attorney, Gabriel Malata whose presence in court had led to some question marks. Mr Lissu had earlier argued that they had not sued the Republic, but rather the RC, ZCO and the Dar es Salaam Special Zonal Police Commander.
Mr Malata argued that the parties being sued are part of the government; it was thus inevitable to summon as single persons in a matter related to the state.
On Monday, the RC, ZCO and the Dar es Salaam Special Zonal Police Commander through letters addressed (to them) were summoned to appear at the High Court yesterday, following a Constitutional case filed by Mbowe.
Mbowe had filed the application subsequent to the police call for questioning on his alleged links with drug abuse and trade after being named by the Dar