Lawyer arrested in Tarime court sparks outcry from legal fraternity

However, Tarime Regional Police Commander Mark Njera said he had not yet received full details of the incident but promised to investigate and issue a public statement.

“I do not have that information at the moment; I am currently travelling. Let me first consult officers at the office to establish the facts,” he said, although he was later unavailable for further comment.

In his message to the TLS president, advocate Magwayega said he was arrested on Friday, May 22, 2026, while performing his professional duties in Criminal Case No. 1812/2026 linked to the October 29, 2025 incidents.

He stated that he was taken into custody after 17 accused persons he was defending were acquitted, with police alleging that he had assisted them to escape while they still faced other criminal charges, including treason-related counts, before the Tarime District Court.

“I was arrested by police in Tarime after 17 accused persons were acquitted in Criminal Case No. 1812/2026 during the execution of my legal duties in the October 29, 2025 cases,” he wrote.

Mr Magwayega denied wrongdoing, insisting that police officers were present when the defendants left the court premises but still proceeded to arrest him on allegations of facilitating their escape.

“I did not do such a thing. However, for reasons best known to the police, who were present when the accused persons left, they decided to place me under arrest,” he said.

He added that he was held at Tarime Police Station from 10am until 4pm before being released on police bail and instructed to report back to the station on Monday, May 25, 2026, at 8am.

He also informed TLS president Mwabukusi, who responded: “We will take action.”

Legal fraternity reacts

TLS president Mwabukusi condemned the incident, saying the society would not tolerate harassment of lawyers while carrying out their constitutional and professional duties.

He said appropriate action would be taken after internal consultations and urged police to refrain from interfering with legal practitioners.

“We strongly urge the police to stop this harassment. TLS will convene, assess the matter and take appropriate action,” he said.

A TLS member, speaking on condition of anonymity, said he was shocked by the arrest, arguing that court security is the responsibility of police officers, not defence counsel.

He said police should have coordinated properly to ensure security, noting that although some charges against the accused had been dropped, others were still pending.

“Police officers present in court should have ensured proper security. Instead, they failed in their duty and blamed the lawyer,” he said.

The national coordinator of the Tanzania Human Rights Defenders Coalition (THRDC), Onesmo Olengurumwa, also condemned the arrest and called on the judiciary to intervene and prevent similar incidents.

“We condemn these repeated arrests of lawyers while they are performing their duties. Police must immediately stop interfering with legal practitioners,” he said.

He warned that such incidents damage public confidence in the judiciary and undermine protection of human rights.

Growing pattern of incidents

This is the second recent incident involving tensions between lawyers and police in court.

On September 15, 2025, advocate Deogratias Mahinyila was also arrested during proceedings at Kisutu Resident Magistrate’s Court in Dar es Salaam before being released on bail the same day.

Diplomacy lecturer Dr Denis Konga said the repeated confrontations reflect poor coordination between state institutions and risk undermining respect for the judiciary.

He questioned the practice of arresting lawyers while actively representing clients, saying it sends a negative signal regarding institutional respect for the rule of law.

Dr Konga called for a review of laws and procedures governing arrests within court premises to prevent further conflicts that could erode public trust in the justice system.