Why ruling on Sabaya case was postponed

Sabaya and co-accussed arrives at the Arusha Resident Magistrate's Court today August 17, 2021. PHOTO| FILBERT RWEYEMAMU

By Mussa Juma

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Arusha. The Arusha District Court yesterday gave reasons of postponing thea ruling in a criminal case of armed robbery facing former Hai District Commissioner Lengai ole Sabaya and his two co-accused.

Postponing the ruling yesterday, court’s Principal Resident Magistrate Amalia Mushi said the writing of the ruling had not been completed.

State attorneys, led by senior state attorney Tarsila Gervas, told the court that they were there for the reading of a ruling.

Defence lawyers Moses Mahuna, Dancon Oola, Sylivester Kahunduka and Fridolin Germelo did not object to the postponement of the ruling.

Magistrate Odira Amworo, who was absent yesterday, was to read the ruling.

Magistrate Amworo, who, from July 18, started hearing the case, said on August 24 that he would have made the ruling yesterday after eight exhibits and evidence from 11 state witnesses had been completed.

Mr Sabaya and co-accused Sylvester Nyegu and Daniel Mbura defended themselves after the court decided that earlier that they had a case to answer.

After the adjournment of the ruling, Sabaya, who was in a white T-shirt, and the co-accused were seen smiling while the former calling upon relatives and friends to keep praying for him and depending on God.

Sabaya and the co-accused are facing three counts of armed robbery.

In the first charge, they are accused of committing armed robbery and are alleged that on February 9,2021 in Bondeni Street in the City of Arusha they robbed Mohamed Saad of his Sh2,769,000 million property.

It was also claimed in the court that before and after committing the offence, the accused attacked Mr Numan Jasini, Mr Harijin Saad Harijin, Mr Bakari Msangi, Ms Salim Hassan and Mr Ally Shaban and then threatened them with a gun so that he and accomplices could fulfil their deed.

In the second charge, they are accused of committing the offence of armed robbery, whereby on February 9,2021 in Bondeni Street they allegedly robbed Sombetini Ward councilor Bakari Msangi of Sh 390,000 and that before doing that they allegedly handcuffed, beat and attacked him while threatening him with a gun.

In the third count, they are accused of committing the offence of armed robbery, whereby in the same street they allegedly stole Sh35,000 and a Tecno handset, property of Ramadhan Rashid and that after the theft they allegedly handcuffed, beat and threated him with a gun.

All the accused are alleged to have committed the offences contrary to Section 287(A) of the Criminal Procedure Act.

The accused were taken back to Arusha’s Kisongo Remand Prison until October 15 when the ruling of their case would be read out to them.

However, an economic sabotage case facing Sabaya and six co-accused would continue to be heard at the court on October 13.