Dar es Salaam. The battle over ACT-Wazalendo’s presidential candidacy for the October 2025 General Election has escalated to the courts, with the High Court declaring it will not hesitate to restore rights if legal or constitutional procedures were violated.
The case was filed on Wednesday, August 27, 2025, at the High Court’s Main Registry in Dodoma by ACT-Wazalendo’s registered Board of Trustees and the party’s nominated presidential candidate, Luhaga Mpina.
The respondents are the Independent National Electoral Commission (INEC) and the Attorney General (AG).
The legal challenge follows a controversial decision by the Registrar of Political Parties, who nullified Mpina’s nomination before seeking INEC’s approval.
The electoral body subsequently blocked him from resubmitting his nomination forms, which he had previously collected from the commission.
Court proceedings begin
The case, Civil Application No. 21692 of 2025, was filed under a certificate of urgency.
The applicants are asking the court to compel INEC to accept Mpina’s forms for verification and nomination.
The matter was first mentioned before a three-judge panel led by Justice Abdi Kagomba (presiding), with Justices Evaristo Longopa and John Kahyoza.
A team of five lawyers, John Seka, Edson Kilatu, John Madeleka, Mwanaisha Mdeme, and Jaspar Sabuni, represents the applicants.
The respondents are represented by Principal State Attorney Vivian Method, assisted by government lawyers Stanley Kalokola and Erigh Rumisha.
During Thursday’s session, the applicants also sought an interim order to suspend the ongoing nomination process for presidential candidates pending the determination of the case.
However, Justice Kagomba dismissed the request, ruling that the nomination process had already entered its objection stage, which was due to close on 28 August, and had effectively concluded since 27 August.
“The court has a duty to examine whether everything was conducted in accordance with the law and the Constitution. If it finds that due procedures were not followed in the disqualification of the second applicant, it will not hesitate to issue orders to restore his rights,” stated Justice Kagomba.
Timelines for defence
The respondents requested 14 days to file their written defence and counter-affidavits, in line with statutory procedures.
The applicants’ lawyers opposed this, arguing that the case, filed under urgency, warranted a much shorter timeline, “even just one day.”
The court settled on a compromise, directing the respondents to file submissions within five days, by September 2, 2025. The matter will next be mentioned on September 3, 2025.
Given the high public interest, the court announced that proceedings, though conducted online, will be open for public viewing via a dedicated link.
Judges cautioned that an online court is still a formal court, warning against misconduct such as unauthorised recording.
How Mpina’s nomination was blocked
Mpina was endorsed by ACT-Wazalendo’s General Assembly on August 6, 2025, and submitted his bid to INEC to contest the presidency in the October 29, 2025, general election.
However, his candidacy quickly faced internal objections. The party’s Dar es Salaam Regional Publicity Secretary, Ms Monalisa Ndala, filed a petition with the Registrar of Political Parties, challenging the legality of Mpina’s nomination.
She cited Rule 16(4) of the ACT-Wazalendo Standing Orders (2015 Edition), which sets minimum requirements for presidential aspirants:
Rule 16(4)(i): A presidential aspirant or national leader must have been a member of ACT-Wazalendo for at least one month before the party’s nomination deadline.
Rule 16(4)(iii): Aspirants must declare personal assets and sources of income before nomination, in accordance with Part VI of the party’s Constitution.
Rule 16(4)(iv): Aspirants must demonstrate a clear understanding of the party’s ideology, philosophy, principles, and policies, and show readiness to uphold them.
Ms Ndala argued that Mpina failed to meet all these requirements, noting that he joined ACT-Wazalendo only on August 5, 2025, and was endorsed as the party’s presidential candidate just one day later.
After reviewing the submissions, the Registrar upheld Ndala’s objection and revoked Mpina’s nomination.
INEC subsequently removed him from the official list of aspirants and barred him from appearing on nomination day.
On August 27, 2025, Mr Mpina and his legal team attempted to resubmit his nomination forms at INEC’s Dodoma offices, but police officers prevented him from entering the premises.
Implications of the case
The dispute has drawn widespread attention because of its implications for internal party democracy, the authority of the Registrar of Political Parties, and INEC’s independence.
Legal analysts note that the High Court’s handling of the matter will set a precedent for election-related disputes in the lead-up to October’s polls.
ACT-Wazalendo has long positioned itself as a reformist party and a major opposition force.
The nullification of its presidential candidate threatens to weaken its electoral prospects unless the court intervenes to reinstate Mpina.
For Mpina, a former cabinet minister who defected from CCM earlier this year, the case represents both a legal and political battle to legitimise his new role.
Next steps
With the High Court setting strict timelines, the case is expected to move swiftly. If the judges rule in Mpina’s favour, INEC may be compelled to reinstate him in the presidential race.
If the decision goes against him, ACT-Wazalendo could enter the general election without a presidential candidate, a scenario that would significantly reshape the country’s political landscape.
Either way, the case has injected fresh uncertainty into the 2025 election season, highlighting tensions between party regulations, state institutions, and the judiciary’s role in safeguarding democratic processes.
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