Tanzania : A case of abuse against the Member of Parliament who happened to be the Minister for Constitution and Legal Affairs

A case of abuse against the Member of Parliament who happened to be the Minister for Constitution and Legal Affairs, Pauline Gekul has been dismissed by the Babati District court on 27th December, 2023.

The Principal Magistrate of the Babati District Court, Victor Kimario told the media that the case was dismissed it after the Director of Public Prosecutions, (DPP) filed a notice of nolle prosequi.

« The DPP has filed a notice of nolle prosequi » said Magistrate Kimario, explaining that no government lawyer appeared on court when the case was mentioned, and the notice was filed with the registry.

The case was filed by the victim, (Hashimu) through lawyer, Peter Madeleka under section 128 (2) and (4) of the criminal Procedure Act, (CPA), as amended in 2022.

According to the complaint, Gekul was facing one count of assault and causing bodily harm under Chapter 16 as amended in 2022.

She was alleged to have, together with other people who are not named in the complaint on November 11, 2023 in Babati, Manyara region called Hashimu and detained him while threatening with a fire arms, stripped him naked and assaulted him by forcing him to sit on a bottle of soda so that it would enter into his anus.

The DPP filed the notice of nolle prosequi under section 9(1) of the CPA, which gives him the power to dismiss any criminal case at any stage before the judgment of the Court and without being required to give reasons for the decision.

The dismissal of the case has been met with mixed reactions. Some people have expressed disappointment, saying that Gekul should be held accountable for her alleged actions.

Others have welcomed the decision, saying that it is in the best interest of justice. The DPP has not provided any reasons to dismiss the case.

Janelle Browne