Robert Kidando, Wakili Msomi wa Serikali ambaye hupewa kazi ya kusimamia kesi nzito nzito na hajawahi kushindwa, na hii kesi ya Mbowe lazima ashinde

Robert Kidando, Wakili Msomi wa Serikali ambaye hupewa kazi ya kusimamia kesi nzito nzito na hajawahi kushindwa, na hii kesi ya Mbowe lazima ashinde

Earlier on
FEBRUARY 20, 2022

Tanzania's main opposition leader Freeman Mbowe to stand trial for terrorism: Neville Meena



A court in Dar es Salaam has ruled that Freeman Mbowe, the leader of Tanzania's main opposition party, will have to stand trial on charges of terrorism, prolonging a case that some see as political. Neville Meena from the Tanzania Editors Forum.

Source : SABC News
 
04 March 2022

https://www.washingtonpost.com › ...
Tanzanian opposition leader Mbowe freed, terror case dropped

7 minutes ago — Tanzanian opposition leader Freeman Mbowe has been freed after spending ... in prosecuting the case against Mbowe and his three
World

Tanzanian opposition leader Mbowe freed, terror case dropped​

By Associated Press
Today at 7:00 a.m. EST


DAR ES SALAAM, Tanzania — Tanzanian opposition leader Freeman Mbowe was freed on Friday after spending more than 200 days in prison for terror-related charges, sparking jubilation from supporters who had called his treatment politically motivated.

Tanzania’s director of public prosecution in a court document said the office was no longer interested in prosecuting the case against Mbowe and his three co-accused.
The four had faced charges of conspiracy to commit terrorist acts, providing funds to commit terrorist acts, participating in a terrorist meeting and possessing property for the commission of terrorist acts.
Religious leaders and other opposition figures, including the exiled Tundu Lissu, had asked President Samia Suluhu Hassan to drop criminal charges they described as baseless.

Peter Kibatala, Mbowe’s attorney, said the legal team “left no stone unturned” in getting justice for their client
 
Je Robert Kidando wa Ofisi ya DPP anaweza kurudi tena na mashtaka mapya ?

Nolle prosequi prescribes that at any stage before the court renders judgment the DPP may discontinue criminal proceedings in any Court by entering a nolle prosequi. He may do so by stating in open Court where the proceedings are pending or by informing the Clerk of the Courts in writing that the Crown does not intend to continue such proceedings. Thereupon the proceedings shall be at an end and on receipt of such notice the Accused person shall at once be discharged in respect of the charge for which the nolle prosequi is entered.

The entering of a nolle prosequi by the DPP is not an acquittal on the charges being tried and the DPP has the power to bring back or re-indict the matter.[1] A nolle prosequi can be entered even though the Accused person has pleaded guilty to a lesser charge on the indictment for example pleading guilty to manslaughter instead of murder, as long as the court has not yet passed sentence.
 

04 March 2022​

Dar es Salaam, Tanzania

Timeline: Inside Tanzania’s Attempt to Charge Freeman Mbowe With Terrorism​

Tanzania says it no longer has an interest in charging the leading opposition figure with terrorism. But how did the charges emerge and how were they dropped?
The Chanzo Reporter4 March 20226 min
Dar es Salaam. On Friday, March 4, 2022, Public Prosecutions Director (DPP) Silvester Mwakitalu withdrew his terrorism and economic sabotage case against CHADEMA national chairperson Freeman Mbowe and his three other co-defendants, saying the prosecution no longer has an interest in pursuing the controversial case.
But how did we get to this stage? Here’s the timeline of major events leading to Friday’s well-received development.
July 17, 2021: CHADEMA Youth Wing (BAVICHA) organises a New Constitution conference in Mwanza. Tens of CHADEMA members are arrested, detained for hours before they are released. They promise to hold another conference, with Mr Mbowe expected to be the chief guest.
July 19, 2021: Mbowe, while in Mwanza, tells journalists that CHADEMA was not going to honour the ban on political rallies that President Samia Suluhu Hassan decided against its suspension, promising that the party was going to organise as many rallies as possible as Tanzania’s constitution and laws permit.
July 21, 2021: Keeping up with its promise, BAVICHA organises another New Constitution forum in Mwanza, with Mbowe now as its chief guest. It does not go well though. Mbowe and dozen others are arrested around 2:30 AM at the Kingdom Hotel, a few hours before the forum kicks off.
July 22, 2021: CHADEMA Secretary-General John Mnyika demands the release of Mr Mbowe and other party members. Other people who were arrested together with Mr Mbowe include BAVICHA national chairperson John Pambalu and former Tarime Rural MP (CHADEMA) Mr John Heche, among others.
July 22, 2021: Police charge Mbowe with terrorism, implicating him and six other unnamed people in conspiracies aimed at assassinating some government leaders. He would later join Halfan Hassan, Adam Kasekwa and Mohamed Lingwenya in what now is known as case No. 16/2021.
July 23, 2021: Opposition parties ACT-Wazalendo and NCCR-Mageuzi call the arrest and detention of Mr Mbowe “an unacceptable behaviour in any society built on the foundations of democracy and justice.”
July 25, 2021: Police in Mwanza releases all 15 leaders and members of CHADEMA arrested on July 17 and 21, 2021. Except for Mr Mbowe.
July 26, 2021: Mbowe is .........

READ MORE : source :


 
Mleta mada mpigie bwanako uliyekuwa unampigia chapuo awe Jaji muulize kulikoni mbona hajashinda kesi zaidi ya kuambiwa na Sylvester kwamba aachane na kesi ya michongo?

Hao mawakili wa serikali wengi tunawajua uwezo wao na kesi wanazoendesha mahakamani huwa za michongo sana tunajua maana tunaongea nao mahakamani na nje ya Mahakama.

Binafsi nilijua zamani kwamba hakuna kesi maana kuna very senior State attorney alikuwa kwenye kikosi kazi fulani akasema wazi kwamba hapo mwishoni wa kesi ni DPP ataweka Nolle Prosequi.

Hapakuwa na kesi from the beginning sema mama alipewa matango pori watu wema wakampa ukweli ndipo akawapa maelekezo watafute namna ya kuimaliza hiyo kesi na pia ilianza kumchafua kisiasa.

Nachofahamu sukumagang wameumia sana maana Nia yao waendelee kumchafua mama ashindwe kueleweka kwenye macho ya kimataifa.
 

04 March 2022​

Freeman Mbowe: Mwenyekiti wa chama cha upinzani Chadema aachiwa huru​

Saa 9 zilizopita


Freeman Mbowe

Mwendesha mashtaka mkuu wa serikali amewasilisha hati ya kutokuwa na nia ya kuendelea na kesi, katika Mahakama Kuu Divisheni ya Makosa ya Rushwa na Uhujumu Uchumi, hatua ambayo imepelekea Mbowe na wenzake watatu kuachiliwa huru mara moja.
Mahakama hiyo ilikuwa inamshikilia Mbowe na wenzake watatu kwa kesi ya kujibu kuhusiana na tuhuma mbalimbali zikiwemo za kupanga njama za kufanya vitendo vya kigaidi.
Taarifa iliowasilishwa na serikali ilisema yafuatayo:
" Taarifa hii tunaiwasilisha kwa njia ya maandishi, kwa maombi hayo ya Kifungu cha 91(1) tunaomba kuondoa mashitaka yote dhidi ya washitakiwa wote sababu zote zipo katika Nole Prosequi {ikimaanisha musimshitaki} ambayo tumeiwasilisha" alisema wakili wa serikali mbele ya jaji Joachim Tiganga ambaye amekua akisimamia kesi hiyo

m

Baada ya Mahakama kusikiliza hoja iliyoletwa na wakili mwandamizi wa Serikali Robert Kidando kwamba Mkurugenzi wa Mashitaka hana nia ya kuendelea na kesi hii, na upande wa pili wakaridhia, Mahakama inasema shauri hili lililokuwa linawakabili washitakiwa Khalfani Bwire, Adam Kasekwa, Mohammed Ling'wenya na Freeman Mbowe linaondoshwa mahakamani na washitakiwa wanaachiwa huru bila masharti.
''Kwa sababu kuna vielelezo vililetwa Mahakamani, naandaa amri ya kuviachia, na hivyo naelekeza Mkuu wa Magereza kuwaachiwa mara moja leo na si vinginevyo'', alisema jaji

Source : Freeman Mbowe: Mwenyekiti wa chama cha upinzani Chadema aachiwa huru - BBC News Swahili
 
Je Robert Kidando wa Ofisi ya DPP anaweza kurudi tena na mshataka mapya

TUNDU LISSU FAFANUA NOLLE PROSEQUI BAADA YA MBOWE KUACHILIWA HURU NA MAHAKAMA LEO MARCH 4 2022



Nolle prosequi (abbreviated nol. pros.) is a Latin phrase, which directly translates to “not to wish to prosecute.”

TUNDU LISSU AKIZUNGUMZA KWA FURAHA KUBWA BAADA YA MBOWE KUACHILIWA HURU NA MAHAKAMA LEO MARCH 4 2022
 
04 March 2022

JUKWAA LA WAHARIRI LATOA TAMKO KUACHIWA KWA MBOWE LADAI KESI HAIKUWA NA AFYA KWA TAIFA




Source : MwanaHALISI TV
 
..Kidando alitakiwa ajiuzulu kupinga kushiriki kusimamia kesi ya uongo.

..Hivyo ndivyo waendesha mashtaka wenye maadili mwanavyofanya ili kutetea misimamo yao.
 
04 March 2022

WAKILI WA MBOWE AFUNGUKA SABABU YA KULIA MAHAKAMANI



Wakili kiongozi wa jopo upande wa utetezi asema wananchi Tanzania nzima na wadau nje ya nchi ktk dunia yote walikuwa wanaifuatilia kesi hii kwa ukaribu sana, na hakika ilibidi wafanye kazi ya wateja wao kwa Ujuzi wao wote, akili na nguvu zote
Source : Wasafi Media
 
04 March 2023

Mawakili wachambuzi waangalia kwa kina maamuzi ya leo ya DPP



Nolle Prosequi iliyoletwa mahakamani ktk kesi namba 16 / 2021 ya tuhuma za ugaidi iliyokuwa inamkabili Freeman Mbowe na wenzie watatu, kesi ambayo ingeendelea kusikilizwa mbele ya Jaji Tiganga wa Mahakama Kuu ya Tanzania kabla ya DPP kuketa ombi la Nolle Prosequi
 
Robert Kidando Wakili Msomi mtoto wa Daktari Mstaafu Mzee Kidando ni Wakili mtata msomi mwenye kipaji huwa hashindwi kwa kesi zozote

Ni mwadilifu sana namtabiria baada ya kesi hii atapewa Ujaji.

Labda! lakini kama ana akili kama unavyosema basi alikuwa anafahamu kwamba kesi hii asingeweza kushinda hata kama angerudi Bwana Yesu! Na kweli hakushinda wala hakushindwa, bali amebwaga manyanga! Nolle prosequi, maana yake njia ya kusonga mbele hakuna, ni kukimbia tu!
 
Friday 04 March 2022
Dar es Salaam, Tanzania

Tanzania: What next for opposition leader Freeman Mbowe?​




Freeman Mbowe, released from prison on Friday after controversial terrorism charges against him were dropped, was one of the founders 30 years ago of the Tanzanian opposition party Chadema, which has become an outspoken figure of protest in his country.

His parents had him baptized in December 1961, just after the independence of the former East African British colony of Tanganyika, which also inspired his first name ("free man" in English).

His father, a businessman, played an important role in the independence movement.

He was close to Julius Nyerere, the first president of Tanganyika, before distancing himself from the "African socialist" line adopted in the years following the merger of Tanganyika with Zanzibar to form the Republic of Tanzania in 1964.

After his military service, Freeman Mbowe worked for four years at the Tanzanian central bank, while learning to run the family business in his spare time.

But as Tanzania took an increasingly socialist turn under Nyerere's ruling Chama Cha Mapinduzi Party (CCM), demands for political reform grew.

- Conviction in 2020 -

In 1992, Nyerere's successor, Ali Hassan Mwinyi, opened the door to multiparty democracy, allowing opposition parties to run for office three years later.

Freeman Mbowe was a supporter of a centre-right alternative to socialism.

In May 1992, at the age of 30, he helped found the Chadema party, an acronym for Chama cha Demokrasia na Maendeleo (Party for Democracy and Progress in Swahili), of which he was the youngest founding member.

Since 2004, he has been the chairman of the party, which has become the main opposition political force in the country.

Mbowe ran for president in 2005, losing to the CCM candidate, but held his parliamentary seat until 2020, when he was defeated in a general election contested by his party.

In March 2020, he and seven other MPs and opposition leaders were fined 350 million shillings (137,000 euros) for a banned demonstration in February 2018.

They were charged with sedition, unlawful assembly and inciting violence at the rally, during which police fired live ammunition to disperse the crowd. A 22-year-old student, who was not participating in the demonstration, was killed by a stray bullet.

The march had been banned by the government of former president John Magufuli, who came to power in 2015 and was nicknamed "the bulldozer" for his uncompromising style and refusal of dissent.

- "Impending disaster" -

Mbowe was a fierce opponent of Magufuli, who was also criticized for downplaying the impact of the coronavirus pandemic and denying the effectiveness of vaccines.

"The world is crying and mourning the loss of lives! The global economy is collapsing at an unprecedented rate! Our struggling economy cannot survive in isolation! How much loss of life will make you see the impending doom!?", Mbowe thus challenged the president on Twitter in April 2020.

Samia Suluhu Hassan's assumption of power in March 2021 after Magufuli's sudden death had generated some optimism as the new leader sought to break with some of her predecessor's policies.

But the arrest of Mbowe and several other Chadema officials on July 21, prior to a public meeting to demand constitutional reform, signaled the danger of a return to the dark days of the Magufuli era for his party.

During the more than seven months its leader has been in detention, Chadema has denounced a drift toward "dictatorship.

Mbowe and his lawyers have repeatedly denounced a "political" trial and demanded that the terrorism charges, which they say are "unfounded," be dropped.

The international community, as well as civil society, has also expressed concern about the fate of the main opposition leader in Tanzania.

On Friday, his trial was halted, after prosecutors announced they would "not pursue the case further". And what beckons next for him in Tanzania's polity remains to be seen.
Source : www.africanews.com
 

Tanzania Drops Terrorism Case Against Main Opposition Leader Freeman Mbowe​

March 04, 2022 3:49 PM
FILE - The leader of Tanzania's main opposition party, Freeman Mbowe, flashes a two-finger salute as he arrives at a court in Dar Es Salaam, Tanzania, Feb. 18, 2022.

FILE - The leader of Tanzania's main opposition party, Freeman Mbowe, flashes a two-finger salute as he arrives at a court in Dar Es Salaam, Tanzania, Feb. 18, 2022.
Tanzanian prosecutors have dropped terrorism charges against opposition leader Freeman Mbowe and three others who were released Friday after being held for eight months. Tanzanian police arrested the four last year in the port city of Mwanza where Mbowe was to address a meeting to discuss constitutional reforms.
Supporters of Mbowe’s Chadema party and others who were following the case cheered and sang solidarity songs outside the High Court’s Division of Corruption and Economic Sabotage.
Mbowe and his colleagues were set to appear in court Friday, after a court decision two weeks ago that the four defendants had to face terrorism charges.
Peter Kibatala, head of Mbowe’s defense team, said he was happy to see his client released.
“We are very proud that we have not let them down. I believe even relatives, neighbors, and friends of the accused, including Freeman Mbowe, have seen that there is no one we have let down…. We have left our strength and everything at the court,” Kibatala said.
Rights activists welcomed Mbowe’s release but said more needs to be done to address human rights issues in the country, such as laws that allow suspects to be jailed before investigations into their alleged crimes are completed.
Anna Henga, executive director for the NGO Legal and Human Rights Center, said often people are being put behind bars with little to no evidence against them.
“When I was given the reports, I was, like, there is no case here because there was no strong evidence to put him on trial with terrorism charges,” Henga said.
U.S. Ambassador to Tanzania Donald Wright welcomed the news on Twitter, saying it is a welcome opportunity for Tanzania to turn the page and focus on the future.
Political analysts like Abdulkarim Atiki say the Mbowe’s release reflects positively on President Samia Suluhu Hassan’s government. But Atiki said it is time for Tanzania to avoid the improper jailing of people for months on end.
He said, if someone is to be charged, then the government and investigators should be satisfied there is truth in the accusations directed to someone. But, he added, if someone is kept behind bars, how can you revise the image? How are you going to return his rights which have been denied?
Party supporters like Deogratius Mahinyila say the decision to release Mbowe is the right one, but highlights the injustice Mbowe faced.
“We see that this decision has been delayed but also in a legal sense, it makes us as a nation see that we need a new constitution," Mahinyila.
Chadema party officials weren’t immediately available for comment, and Mbowe did not speak to reporters after his release.
Source : Tanzania Drops Terrorism Case Against Main Opposition Leader Freeman Mbowe
 
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