High Court verdict in Mpina case scheduled for Thursday

The matter is before a three-judge panel comprising Abdi Kagomba, Evaristo Longopa and John Kahyoza. Mr Mpina filed the petition after INEC disqualified him from the official list of aspirants who had submitted nomination forms.

The hearing has drawn attention across the political spectrum, given the implications for opposition participation in the October 29 General Election.

Lawyers for both sides and their clients have agreed that the judgment will be read at 2pm at the High Court, with arrangements for virtual participation for those unable to attend in person.

Yesterday  proceedings resumed at 3pm and attended by Mr Mpina, his running mate Fatuma Fereji, ACT-Wazalendo party leader Dorothy Semu, Chief Legal Counsel Omari Shaban and regional party leaders.

Lead counsel for ACT-Wazalendo John Seka told the court that the complaint is not against the Registrar’s decision but rather INEC’s refusal to accept Mr Mpina’s nomination forms.

He argued that INEC acted on instructions intended to block Mr Mpina, an act he said violated the Constitution, as the electoral commission lacked legal authority to do so.

“If the Registrar had objections, these should have been submitted after the nomination forms were received by INEC.

We question where the Registrar obtained such powers,” Mr Seka stated, highlighting what he described as breaches of several constitutional provisions. He said that INEC’s reliance on a copy of a letter from the Registrar was legally flawed.

Mr Edson Kilatu also urged the court to deliver justice, noting that Mpina and ACT-Wazalendo were not given an opportunity to be heard. Instead, INEC relied solely on correspondence from another authority, which Kilatu said was contrary to the law.

He questioned the use of Section 36 of the INEC Act, noting that it does not provide grounds to reject nomination forms in the manner applied.

Representing the government, Senior State Attorney Stanley Kalokola, countered that while the right to be heard is fundamental, granting Mr Mpina a hearing at the stage of the electoral calendar would have contravened the law.

He said no official instruction existed to disqualify Mr Mpina and stressed that ACT-Wazalendo had not clarified whether their nominated candidate met all legal requirements.

“If they had been heard, it would have breached the law because the electoral calendar prescribes specific time lines for each stage of the process. Therefore, any hearing at this point would have been futile,” Mr Kalokola argued.

He further noted that no Registrar’s decision has ever been overturned, and ACT-Wazalendo has not demonstrated that their candidate fulfilled the statutory requirements.

The petition was filed by the party’s registered Board of Trustees and Mr Mpina himself, asking the court to compel INEC to accept his nomination papers for verification and approval.

The case comes amid heightened political tension as the nation approaches the October 29 General Election.

Mr Mpina, a senior opposition figure and former deputy minister, has previously represented constituencies in Dodoma and is a prominent member of ACT-Wazalendo.

His disqualification has sparked debate about electoral fairness and the rights of candidates under Tanzania’s constitutional and electoral framework.

Legal observers say the court’s ruling will have far-reaching implications, not only for Mr Mpina and ACT-Wazalendo but also for other candidates facing scrutiny over eligibility in the final weeks before the election.