High Court bars police from arresting, detaining Mbowe

Dar es Salaam. The High Court yesterday issued a temporary injunction barring the Police Force from arresting and detaining Chadema chairman Freeman Mbowe.

The order was issued by a three-judge panel comprising justices Pelagia Khaday, Sakieti Kihiyo and Lugano Mwandambo.

The injunction will be in force pending the hearing and determination of a petition lodged by Mr Mbowe against the Dar es Salaam regional commissioner, Dar es Salaam special police zone commander and zonal crimes officer.

The court, however, allowed police to continue questioning and investigating Mr Mbowe by summoning him.

Mr Mbowe was among 65 people who were on February 8 publicly linked to drug offences by Dar es Salaam Regional Commissioner Paul Makonda, who also directed them to report at the Central Police Station for questioning.

But Mr Mbowe, through his lawyers led by Mr Tundu Lissu, filed a petition at the High Court on February 10, seeking the court’s declaration that Mr Makonda’s list of suspected drug users and dealers and the order that they be arrested is unlawful, unconstitutional and contrary to the principle of presumption of innocence.

Mr Mbowe, who is also Leader of the Official Opposition in Parliament, is also seeking an order directing the Dar es Salaam regional commissioner to desist from effecting his arrest without the relevant authorities following the law.

The petition was accompanied by an application seeking an order barring police from arresting and detaining Mr Mbowe pending hearing and determination of the petition.

The application will be heard tomorrow, while the main petition was set for mention on March 8.

The court also allowed the applicants to amend the petition by including the Attorney General.

The decision followed a legal tussle between the two sides on the involvement of Principal State Attorney Gabriel Malata, who also represented the respondents.

The applicants objected to the appearance of Mr Malata on the ground he was not a party to the matter.

But Mr Malata opposed the objection, saying it was the government that had been sued and that it was in order for him to represent the respondents. The court concurred with him.