“It is true that about three MPs have won back their constituencies in the Court of Appeal after they lost their cases at the High Court. This does not mean that the High Court judges are not doing well. The point to note here is that our legal systems are powerful, fair and stand for justice,”
Mr Chikawe
In his argument before the court, State Attorney Mr Gabriel Malata said the plaintiff, Mr Kashindye, did not pay Sh1 million as court fees or submit his title deed
Tabora/Dodoma. The Court of Appeal has reinstated Dr Dalali Peter Kafumu as the Member of Parliament for Igunga Constituency, overturning a previous decision by the High Court to unseat him. In a ruling delivered by a panel of three judges comprising Justice Nathalia Kimaro who chaired the panel, Justice William Mandia and Justice Themistocles Kaijage, the appellate court reinstated Dr Kafumu who ran on a ticket of the ruling party CCM, noting that the previous decision by the High Court did not meet legal requirements. Mr Joseph Kashindye, from the Opposition Chadema went to court seeking the nullification of the results of a by-election that was held in October 2011 that declared Dr Kafumu the winner. The by-election was held after the constituency’s MP Rostam Aziz resigned. Dr Kafumu becomes the second legislator this week and the third to be reinstated by the Court of Appeal after being ousted by the High Court. Aeshi Hilaly was reinstated as Sumbawanga Urban MP on a CCM ticket this week after the High Court nullified his victory in April last year. Godbless Lema (Arusha Urban-Chadema) was also reinstated last December by the Court of Appeal. The minister for Constitution and Legal Affairs, Mr Mathias Chikawe, defended the ruling yesterday saying it was proof of a sound judicial system rather than a weakness of the High Court. “It is true that about three MPs have won back their constituencies in the Court of Appeal after they lost their cases at the High Court. This does not mean that the High Court judges are not doing well. The point to note here is that our legal systems are powerful, fair and stand for justice,” Mr Chikawe said. The minister said there was no politics on the matter and that the most important thing for wananchi to understand was that the system was working accordingly. Reading the ruling yesterday, Mrs Kimaro said the High Court was wrong to turn down a plea by the defendant’s team to throw away the case because the plaintiff did not pay court fees. “Failure to pay court fees, or lack of evidence that such payment was made was enough for the High Court to throw away the case,” said Justice Kimario. Speaking shortly after the Court of Appeal decision, Mr Kashindye conceded defeat. It was all joy for CCM supporters who flocked the court while for their Chadema counterparts it was a gloomy day.
In his argument before the court, State Attorney Mr Gabriel Malata said the plaintiff, Mr Kashindye, did not pay Sh1 million as court fees or submit his title deed as required by the Elections Act, Section 111.
Mr Malata also argued that the evidence from Mr Kashindye and his team which was used by the High Court to unseat Mr Kafumu were cooked because they were not submitted to the election ethics committee.
