16 October 2026
SOMA HUKUMU YA TAREHE 16 OKTOBA 2026
Kulwa William Maduhu and Others vs Attorney General and Others (Miscellaneous Civil Cause No. 7300 of 2026) [2026] TZHC 6259 (16 October 2026)
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
(MAIN REGISTRY)
AT DODOMA
(CORAM: MRUMA, J., RUMISHA, J., AND LONGOPA, J.)
MISCELLANEOUS CIVIL CAUSE NO. 7300 OF 2026
BETWEEN
KULWA WILLIAM
MADUHU............................1ST PETITIONER
NASHON NKUNGU.......2ND PETITIONER
PAUL KISABO................3RD PETITIONER
VERSUS
THE ATTORNEY GENERAL................ 1ST RESPONDENT
THE COMMISSIONER GENERAL OF PRISONS...................... 2ND RESPONDENT
THE OFFICER IN CHARGE OF UKONGA PRISON .................. 3RD RESPONDENT
TUNDU ANTIPHAS MUGHWAI LISSU ................. 4TH RESPONDENT
TANGANYIKA LAW SOCIETY .................INTERESTED PARTY
JUDGEMENT
MRUMA, J.
This constitutional petition raises a question which is narrow in its
formulation but far-reaching in its consequences. The question is whether, when an advocate consults a client detained in prison, prison officers may
remain sufficiently close to hear the consultation, or whether the law requires security to be maintained by visual supervision without listening to conversations
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A related question concerns the circumstances in which prison
authorities may refuse an advocate access to a detained client. These questions may appear straightforward, but they raise matters of
considerable legal importance, particularly when considered in the light of the familiar principle that no one is above the law.
The Petitioners are advocates who say that they were instructed to
provide services in connection with criminal proceedings against the Fourth Respondent, Tundu Antiphas Mughwai Lissu. They contend that the arrangements at Ukonga Central Prison prevented confidential consultations,
interfered with their professional work, and impaired the effective enjoyment of the Fourth Respondent’s rights to a fair hearing and the privacy of his
communications. Their application is brought under Articles 26(2) and 30(3) of
the Constitution of the United Republic of Tanzania, 1977; sections
4 and
5 of
the Basic Rights and Duties Enforcement Act, commonly referred to as
BRADEA, Cap. 3, R.E. 2023; and rule 4 of the Basic Rights and Duties
Enforcement (Practice and Procedure) Rules.
The principal domestic provisions relied upon are regulation
13 of the
Prisons (Prison Management) Regulations, 1968,
Government Notice No. 19 of 1968, and Articles 13(1), 13(3), 13(6)(a), 15, 16, 22(1), 26(1),
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