Setback for Chadema as court rejects mayoral poll challenge

The Kinondoni mayoral seat saga spilled into the court last October. Opposition Chadema candidates filed the election petition at the Kisutu Resident Magistrate’s Court. The petitioners are Mr Mustapha Muro and Mr Jumanne Mbunju, who were candidates for Kinondoni Mayor and deputy Mayor seats, respectively.

What you need to know:

  • Mr Mustapha Muro and Jumanne Mbunju were last year candidates for the Kinondoni mayoral and deputy mayoral seats, respectively

Dar es Salaam. The Kisutu Resident Magistrate’s Court yesterday dismissed an election petition challenging results of last year’s Kinondoni Municipality mayoral poll.

Resident Magistrate Respicius Mwijage reached the decision after agreeing with the preliminary objection raised by the respondent, Kinondoni Municipal Mayor, Mr Benjamin Sitta, who argued that the court lacks jurisdiction to preside over the case.

The case number 3 of 2016 was filed by Mr Mustapha Muro and Mr Jumanne Mbunju, who were Chadema candidates for Kinondoni Mayor and deputy Mayoral seats, respectively.

They, among other things, asked the court to nullify the election in which CCM candidate, Mr Sitta, was declared victorious. The respondents in the suit were Mr Sitta and his deputy, Mr Manyama Mang’aru (CCM).

Others were election chairperson and returning officer for Kinondoni Municipality mayoral and deputy mayoral election.  The petitioners, through advocates John Mallya and Peter Kibatala, were also asking the court to issue an order directing the election chairperson and the returning officer to conduct fresh, fair and transparent polls.

They were also seeking a permanent injunction to restrain the two respondents after they allegedly violated the municipal laws. They wanted them to be banned from engaging in such activities within Kinondoni Municipality and anywhere within the jurisdiction of the court.

However, Mr Sitta and other petitioners through their lawyer, Mr Baraka Nyambita, filed the preliminary objection asking the court to quash the case. They raised several grounds, one of them being that the court has no judicial powers to preside over the case.

However, after the case was dismissed, the petitioners said they were intending to file the suit at the High Court.