Mbowe, 5 others face sedition charge, remanded, in court tomorrow

TOP leaders of the leading opposition party Chadema, including National Chairman Freeman Mbowe, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday, facing eight counts of sedition and raising discontent and illwill for unlawful purposes

Other charges against the accused persons include unlawful assembly, rioting after proclamation, sedition and inciting the commission of offence. They all denied the charges before Principal Resident Magistrate Wilbard Mashauri.

The magistrate ordered the accused persons to remain in remand until tomorrow when he will deliver his ruling on whether to grant them bail or not after going through the competing submissions presented by the prosecution and the defence sides. Other leaders are Vicent Mashinji (Secretary General), John Mnyika (Deputy Secretary General (Mainland), Salum Mwalimu (Deputy Secretary General (Zanzibar), Peter Msigwa (Member of Parliament, Iringa Urban) and Ester Matiko, the MP for Tarime Urban.

According to the charge sheet, Mbowe is facing seven counts; Msigwa is facing three counts, while the rest are facing two counts each. The prosecution alleged that the accused persons committed the offences on February 16, 2018 at Kinondoni Mkwajuni and Buibui Grounds in Kinondoni District. Before adjournment of the trial, the prosecution team, comprising Principal State Attorneys Faraja Nchimbi, Zainabu Mango, Senior State Attorney Patrick Mwita and State Attorney Wankyo Simon, requested the court to deny bail the accused persons for public interest and safety of the society.

The request was vehemently opposed by defence team comprising of advocates Peter Kibatala and Hekima Mwasiku, who argued that their clients were entitled to bail as the alleged offences were bailable and that the cited reasons were not contained in section 148 (5) of the Criminal Procedure Act which governs bail issues.

Reading the charges, the prosecution told the court that on that day along Kawawa Road at Mkwajuni area, being assembled with intent to carry out a commonpurpose, all accused persons jointly conducted themselves in such a manner as to cause a fear of breach of peace. It alleged that on the same day and place, with more than 12 other persons not in court, having riotously assembled, in disobedience of proclamation given by a police officer, the accused persons failed to disperse and continued to take part in the riot.

Thereby, according to the prosecution, the accused persons breached the peace and terrifying the public culminating in the death of National Institute of Transport (NIT) student Akwilina Akwiline Baftaa, and injury of two police officers, Police Constable Fikiri and Corporal Rahim Msangi.

The prosecution further alleged that on the same day at Buibui Grounds, while addressing Kinondoni residents at a public meeting, Mbowe made four sets of seditious statements that were likely to raise discontent and promote feelings of ill-will amongst the inhabitants of the United Republic of Tanzania.

The prosecution alleged further that the statement made by Mbowe, who is also leader of the opposition camp in Parliament, had the intention of bringing hatred and contempt to the citizens of the United Republic of Tanzania against the lawful authority of the government.

It was alleged further that on the same day at the venue, Mbowe and Msigwa with other persons who were not in court, jointly incited the residents of Kinondoni District in the city to commit offences of unlawful assembly and going armed in public.