Chadema MP loses seat

Arusha. Joyous celebration took place in Arusha yesterday after the CCM parliamentary candidate for Longido in last year’s polls won a petition against Chadema’s Onesmo ole Nangole, who had been declared winner in the closely contested election.

Supporters of the ruling party cheered wildly in the compound of the High Court  in the city after Judge Sivangilwa Mwangesi declared null and void the election of Mr Nangole during the October 25 General Election.

Mr Nangole lost the petition after the court found him guilty of behaving in a manner that was likely to lead to a breach of peace at the tallying centre in Longido on the night of October 25. It was alleged that there was a near-fracas at the centre.

The judge wondered why the election returning officer, who was the district executive director,  Mr Felix Kimario, did not take measures against the riotous Nangole. 

The court also  explained that  election rules were violated, such as using wrong forms for filling in the results of parliamentary candidates.

Allegations that Dr Kiruswa, a wildlife expert who at one time worked in the US, was not a Maasai/Tanzanian national but an American citizen, were dismissed. Also dismissed is another claim that some Kenyan nationals were allowed to vote during the polls. Longido constituency shares a long border with Kenya. The court also quashed an allegation that some Chadema vehicles were used to ferry  election materials, saying there was no proof that it tampered with the election materials and consequently the results.

The court ordered fresh polls in Longido and that Mr Nangole should pay the costs. The respondent was defended by two Arusha based advocates, Mr  Method Kimomogoro and Mr John Materu.

The court verdict sent scores of CCM supporters in Arusha, traditionally a Chadema stronghold, celebrating in the streets, a stark departure from the crowd-pulling Chadema rallies the city is used to.

The joy also saw some ardent members of the ruling party overwhelmed. One of them, Mr Isaya Mollel, who was witness number two for the applicant, fell on the ground and was briefly unconscious.

He was lifted  by fellow supporters of the ruling party, and after regaining consciousness, he expressed optimism that  his favourite candidate for the seat would emerge victorious in a by-election.

Another CCM member,  Mr Ezekiel Mollel, said the court ruling was delightful because  they believe justice had been done. 

“I am sure CCM will regain the Longido constituency if it fields a candidate and will win against whoever the opposition would front,” he told reporters. Mr Mollel is also the Arusha regional secretary for the younth wing, UVCCM.  Several CCM members milled around the court premises and other areas before the judgement was read as security was tightened by armed police officers. 

There was a notable presence of CCM cadres from Longido, one of the seven parliamentary constituencies in the vast Arusha Region which fell under the opposition  camp after last year’s General Election.

Those who spoke to journalists included Tausi Swalehe, Selina Melugo and Esupat Naikara. The latter, who is the CCM district secretary for Longido, said she was keen to know the date for the by-election.

On his part, the UVCCM chairperson in Arusha region, Mr Lengai ole Sabaya, said this was not an easy case and that it was only by the grace of God that justice had been done against Dr Kiruswa and his party.

Advocates for the applicant included Daudi Haraka and Edmund Mgemela. 

They said the petition had attracted crowds of people given the nature of political rivalry between CCM and Chadema in the region.  

Mr Nangole, a close associate of former Prime Minister Edward Lowassa, was not available for comment after the eagerly awaited verdict on the petition.

However, his assistant identified as Abeli Kundaeli remarked that it was too early for his boss and Chadema to comment on the outcome of the case.

Other sources said Chadema intended to file an appeal against the Court ruling. Several party members were seen consoling Mr Nangole, the former regional CCM chairman who crossed over to Chadema before the 2015 polls.

Dr Kiruswa, too, was not available for comment. He had been expected to say if he would once again vie for the seat which was under the CCM’s Michael Lekule Laizer from 1995 to last year before it was won by Mr Nangole.

The outcome means Arusha region now remains with five parliamentary constituencies under Chadema. These are Karatu, Monduli, Arumeru East, Arumeru West and Arusha Urban.

The only constituency that was taken by the ruling party during the October 25th General Election was Ngorongoro, whose MP, Mr William Ole Nasha, is the current deputy minister for Agriculture, Livestock and Fisheries.

This is not the first time for Chadema’s MPs in their Arusha Region stronghold to lose a petition. Following the 2010 General Election, three CCM cadres filed a petition that saw the elected MP, Mr Godbless Lema, lost his seat after a ruling in April 2012. The three cadres had claimed that Mr Lema had used abusive language against his opponent, a former cabinet minister Batilda Buriani, during the campaigns. However, Mr Lema won an appeal in December 2012 and was reinstated.