Tanzania: High Court Backs Inquiry
Dar es Salaam — THREE individuals have lost their bid to challenge the President of the United Republic of Tanzania’s decision to establish a commission of inquiry into incidents of violence during and after the October 29, 2025 General Election.
The ruling, delivered on Friday, by the High Court in Dar es Salaam, was in favour of the Attorney General and the nine appointed Commissioners, the respondents, against the applicants: Rosemary Mwakitwange, Edward Heche and Deogratius Mahinyila.
“…It is my finding that the applicants’ allegations are more speculation and whims than reality. In the upshot, I dismiss the application for want of merit and since this is a public interest matter, I make no order as to costs,” Judge Awamu Mbagwa ruled.
The applicants had sought judicial review orders, including certiorari and prohibition, to quash the appointment of the Commissioners, arguing that the President acted unlawfully, unreasonably and in violation of the rules of natural justice.
The Commissioners in question are former Chief Justice Mohamed Chande Othman, former Chief Justice Ibrahim Juma, Ambassador Ombeni Sefue, Ms Radhia Msuya, Ambassador Paul Mella, former Inspector General of Police (IGP) Said Mwema, Ambassador David Kapya and Dr Stergomena Lawrence Tax.
The applicants expressed a lack of confidence in the Commissioners, claiming they were all former public servants and thus conflicted, and argued that the Commission’s composition, members aged over 60, ignored young people most affected by the violence.
In defence, the respondents said the President acted within the law, under the Commissions of Inquiry Act and dismissed the applicants’ claims as speculative.
Judge Mbagwa examined Section 3 of the Act, which grants the President discretion in appointing Commissioners based on the subject of inquiry. He noted that the applicants’ objections regarding the Commission’s name, the specificity of its mandate and the swearing-in of Commissioners were without merit.
“The President is at liberty to designate the Commission with the name she deems appropriate,” the judge said, adding that the subject of inquiry is clearly stated in the Government Gazette as investigating incidents of violence and breaches of peace during and after the October 29, 2025, elections.
Regarding concerns about age and representation, Judge Mbagwa observed that the Commission’s role is to gather evidence and establish the truth, not to create employment or represent specific demographic groups.
He also noted that the Commissioners’ extensive public service experience makes their appointment reasonable. The judge concluded that the applicants’ allegations remain speculative and unsubstantiated. He stressed that Commissioners are legally required to act impartially under Sections 7 and 9 of the Act.
By Daily News.
