Dar es Salaam . The High Court of Tanzania has dismissed a defamation suit filed by Mr Harbinder Singh Sethi of Pan Africa Power Solutions Ltd (PAP) against retired ACT–Wazalendo party leader Mr Zitto Kabwe, ruling that the petitioner failed to prove his case to the required legal standard.
In a judgment delivered on Thursday, December 11, 2025, Judge Arnold Kirekiano threw out the suit in which Mr Sethi was seeking Sh15 billion in damages over what he claimed was a malicious publication made by Mr Kabwe.
According to the judgment, a copy of which The Citizen has, the court dismissed all three key issues raised by the petitioner.
“I find that the petitioner has not established to the required standard that the publication was false and malicious. The first issue is answered in the negative,” the judge ruled.
The court agreed with Mr Kabwe’s submission that the statements he published were not malicious, as they related to a matter of public interest involving the use of public funds and therefore did not attract liability for damages.
“I have also found that the publication involved a matter of public interest, that is, public funds. With that note, the second issue is equally answered in the negative,” the judge stated.
On damages, the court held that since the first and second issues had been resolved against the petitioner, no damages could be awarded.
“Having found the first and second issues in the negative, the third issue cannot be granted. In the end, I find that the petitioner has not proved his case to the required standard. The petition is therefore dismissed with costs,” reads part of the judgment.
In Civil Case No. 000008810 of 2025, Mr Sethi alleged that on April 5, 2025, Mr Kabwe published defamatory statements about him on his X (formerly Twitter) account, falsely and maliciously portraying him as a fraudster without lawful cause, justification or privilege.
The impugned statement, written in Kiswahili, accused Mr Sethi of falsely claiming ownership of Independent Power Tanzania Limited (IPTL) and urged the Business Registrations and Licensing Agency (Brela) to deregister the company.
Mr Sethi argued that the publication exposed him to hatred, contempt and ridicule among the public, investors and members of his religious community. He sought court declarations that the statements were false and defamatory, an unconditional apology and retraction on the same platform, as well as apologies published prominently in Mwananchi and other daily newspapers and broadcast on major television and radio stations.
He also sought Sh10 billion in compensation for defamation and loss of reputation, Sh5 billion in general damages, and a permanent injunction restraining Mr Kabwe from making further defamatory statements.
In his defence, Mr Kabwe, represented by Mr Moses Mgonja and Ms Anitha Nyangahondi, denied the allegations, arguing that the statements were true in substance, made in good faith and constituted fair comment on matters of public interest. He also cited his constitutional right to freedom of expression and urged the court to dismiss the petition.
Mr Sethi, represented by Ms Dorah Malaba and Mr Musa Mhagama, maintained that the publication portrayed him as a conman and was defamatory to him, his business associates and his religious community. He insisted that he was the lawful owner of IPTL through PAP and that the statements were untrue.
He further told the court that he enjoyed a good reputation with the government and the Ministry of Energy, among business associates and within his religious community, where he serves as a leader at a Sikh temple in Iringa with about 8,000 congregants. On a separate economic crimes case, he said he entered into plea bargaining and later sought a review through Application Case No. 4 of 2022.
Testifying in his defence, Mr Kabwe said that during his time as a Member of Parliament, he served for eight years as chairman of the Public Accounts Committee (PAC) and the Parastatal Organisations Accounts Committee (POAC). Through those roles, he became familiar with the IPTL matter while overseeing investigations into the alleged misuse of public funds.
He told the court that his social media post formed part of a public debate on the Controller and Auditor General’s (CAG) report concerning claims by IPTL against Tanzania Electric Supply Company (Tanesco), and that he had a right and duty as a citizen to express his opinion.
The court, after reviewing submissions from both sides and considering comparable cases from within and outside the country, upheld Mr Kabwe’s arguments and dismissed the suit.
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