DPP drops charges against former Udart boss, he is rearrested

Dar es Salaam. The Kisutu Resident Magistrate's Court has on Friday June 3, dismissed an economic sabotage case facing the former director of Uda Rapid Transit (Udart), Robert Kisena and four others.
This is after the Director of Public Prosecutions in Tanzania (DPP) told the court that he had no intention to pursue the case further.
Others in the case of economic sabotage number 38/2019, are Mr Kisena’s wife Florence Mashauri, Kulwa Kisena, a Chinese national, Chen Shi and Charles Newe who are facing 15 charges including causing Sh2.41billion loss to the government during the implementation of the rapid bus transit---Udart project.
While Florence, Kulwa and Chen Shi walked to freedom, Kisena and Newe will remain in custody facing two counts of economic sabotage with 37 charges, including money laundering and causing Sh5.2 billion loss to the government.
Section 91 (1) of the CPA empowers the DPP to drop charges against any accused person at any stage before judgment is pronounced. The discharge does not operate as a bar to any subsequent proceedings against the accused on account of the same facts.
The case was dropped after the Prevention and Combating of Corruption Bureau (PCCB) attorney, Pendo Temu claimed that they had been informed by the DPP to withdraw the case from the court since he no longer had the intention to continue with legal the proceedings against the accused.
She claimed the case has taken a long time and the records shows that it was investigated while the case was proceeding in court.
"The investigation was ongoing while the case is in court so the DPP has decided to withdraw, so I request the court to focus on DPP’s decision," Temu claimed.
The defense counsel, Nehemia Nkoko, asked the court to look in the records before he rules out on the case because the charges have been in court since 2019 and they are not sure if his clients will not be re-arrested and prosecuted by another judge.
Nkoko has asked the court to read all the details if it won’t they will go to the High Court so that the accused can get their rights.
Announcing the court decision, the Chief Resident Magistrate, Rita Tarimo said that she had heard the arguments presented by both parties and has withdrawn the case under the Section 91 (1) of the Criminal Procedure Act (CPA) Chapter 20 amended in 2019.
Tarimo said if the accused were brought back to court the prosecution should have completed their investigation.
"If you have not completed the investigation, do not arrest them, give the accused a bail and bring them back to court when you are done with the investigations,” said Tarimo.
In the primary case, both accused person are alleged to have led a criminal gang between January 1, 2011 and May 31, 2018 within the City of Dar es Salaam.
In the second charge, Kisena, Kulwa, Simon and Florence are accused of building a petrol station without a permit from the Energy and Water Utilities Regulatory Authority (Ewura).
The accused are alleged to have committed the offense, between January 1, 2015 and December 31, 2017 where they allegedly built the petrol stations in Jangwani area.