22 March 2018

Tanzania: Nondo Case, 'Present Affidavit' - Court Orders

THE High Court in Dar es Salaam has issued three days order to the prosecution to file their counter affidavit after an application filed by lawyers of the Chairperson of the Tanzania Students' Networking Programme (TSNP), Abdul Nondo, last Friday.

The court also ruled that the third year student at the University of Dar es Salaam (UDSM), be transported back to Iringa, to face his charges in the region's District Court, where he had been transferred to.

Delivering out the ruling, Judge Rehema Sameji noted that the application was served to the prosecution and both parties confirmed, but they did not tender their replies. Judge Sameji pointed out that it was wise to get submissions from all parties for the court to arrive at the right decision.

"In order for justice to be served, both the two parties have to present their submissions ... I therefore decide to give three days for the prosecution to make their case," said Judge Sameji. Banking on that, Judge Sameji noted that the applicant(s) would have to file their replies on March 27 and be followed by hearing on April 4, this year.

Earlier on, a panel of lawyers representing Nondo led by Advocate Mtaro Mpoki alleged that the application was filed on Tuesday, but it was unfortunate that the prosecution had not replied.

State Attorneys Keneth Shekwao assisted by Beatha Mtau confirmed to have received the application, but alleged it to have been late and that made them equally to delay filing their counter affidavit.

However, responding to the prosecution submission, Advocate Mpoki alleged that two days was enough time for them to have made their submissions, taking into consideration that the suspect was in custody and their prayer was that he should be granted bail. He further pointed out that the accused had reliable sureties in place and should have been bailed whenever the court considered their plea.

"Our client is entitled to bail as among requirements of the law and the country's Constitution," pinpointed the advocate. The application has been filed against the Inspector General Police (IGP), the Attorney General (AG) and the Director of Criminal Investigations (DCI). Among the grounds for the application includes bail for their client, the clients right to be represented by an attorney in the court of law and how his arrest was carried out.

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