DAR ES SALAAM: The High Court in Dar es Salaam has dismissed a legal challenge against the establishment of a presidential commission of inquiry investigating violence that occurred during and after Tanzania’s October 29, 2025 General Election, affirming the legality of the President’s decision to form the body.
In a ruling delivered on Friday, Judge Awamu Mbagwa rejected the application filed by three individuals—Rosemary Mwakitwange, Edward Heche and Deogratius Mahinyila—who had sought to halt the work of the commission and nullify the appointment of its members.
The court ruled in favour of the Attorney General and the nine commissioners appointed to conduct the inquiry.
“It is my finding that the applicants’ allegations are more speculation and whims than reality,” Judge Mbagwa ruled. “In the upshot, I dismiss the application for want of merit and, since this is a public interest matter, I make no order as to costs.”
Challenge to presidential powers
The applicants had petitioned the court for judicial review orders, including certiorari and prohibition, arguing that the President acted unlawfully and unreasonably in appointing the commissioners.
They further claimed that the decision violated principles of natural justice and questioned the composition of the commission, expressing lack of confidence in the appointed members.
The applicants argued that all commissioners were former public servants and therefore conflicted, and also criticised the absence of younger members, claiming the inquiry overlooked the demographic most affected by election-related violence.
Court affirms legal authority
In its defence, the government maintained that the President acted fully within the powers granted under the Commissions of Inquiry Act, describing the claims raised by the applicants as speculative and lacking legal basis.
In his judgment, Judge Mbagwa referred to Section 3 of the Act, which gives the President discretion to appoint commissioners based on the nature of the matter under investigation.
He also rejected arguments that the commission’s title, mandate or procedures were irregular.
“The President is at liberty to designate the Commission with the name she deems appropriate,” the judge said.
He further noted that the commission’s mandate was clearly outlined in the Government Gazette, which states that the body is tasked with investigating incidents of violence and breaches of peace before, during and after the October 29, 2025 elections.
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Experience not a conflict
Addressing concerns about the commissioners’ backgrounds and age, Judge Mbagwa said the role of a commission of inquiry is to establish facts and gather evidence—not to serve as a platform for demographic representation.
He added that the commissioners’ long public service experience was a legitimate basis for their appointment.
The commission comprises former Chief Justice Mohamed Chande Othman, former Chief Justice Ibrahim Juma, Ambassador Ombeni Sefue, Ms Radhia Msuya, Ambassador Paul Mella, former Inspector General of Police Said Mwema, Ambassador David Kapya and Dr Stergomena Lawrence Tax, among others.
Inquiry continues
The judge concluded that the applicants had failed to present credible evidence to support their claims, emphasising that commissioners are legally bound to perform their duties impartially under Sections 7 and 9 of the Commissions of Inquiry Act.
The commission was established on November 18, 2025, following incidents of violence reported in several areas during and after the general election.
With the court dismissing the challenge, the commission is expected to continue its work of investigating the events and recommending measures to prevent similar occurrences in future electoral processes.
