Tanzania: Court Confirms Kitambwa's Dismissal

By Faustine Kapama

THE High Court has confirmed the decision of the President of the United Republic of Tanzania to...

dismiss the appeal by the Head of the Legal Unit of the National Audit Office, Henry Kitambwa, challenging termination of his employment for misuse of over 123m/-public funds.

This followed the decision of Judge Joaquine De-Mello to dismiss the application by Kitambwa, the applicant, for quashing the decision of the President dated December 26, 2017, allowing his dismissal from the National Audit Office (NAO).

"The decisions of the (NAO), which resulted to termination and appealed to the Public Service Commission and ultimately to the President was justified and right. The application is hence dismissed," the judge declared.

Judge De-Mello ruled that the documents on records enhanced the decision of the President and she would not attempt to interfere with it.

She cited several reasons to that effect, in that all charges and particulars of offence at the initial inquiry against the applicant were known and clear.

She noted that the applicant, who reached the rank of Principal State Attorney, was afforded the right to be heard, the ultimate findings ended up terminating him from service having the employer been satisfied with the facts and evidence given.

According to the judge, the applicant's contention that he was not availed documents supporting the charges is lame considering detailed information in the availed exhibits, amount of money issued on specific dates, check advanced, activity to be done, amount spent and remarks.

"Evidence adduced and before the Inquiry and to which the applicant duly appeared and responded to had later on proved by standards set in criminal offences that of proof beyond reasonable doubt, this being a criminal offence,".

During hearing, the applicant had applied for prerogative orders against the Head of State.

On what prerogative orders of certiorari for judicial review are, the judge pointed out that the law on Certiorari is provided under the Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance.

According to her, she was keen and alive to the circumstances and scope of jurisdiction of the High Court, under which Prerogative order for Certiorari may issue as was laid down in case laws whereby five rules ought to be in place before the High Court reaches a decision where there is no right of appeal.