DPP withdraws appeal against Sabaya, five co-accused

Arusha. The High Court has dismissed the criminal appeal case no. 155/2022 that was facing former Hai District Commissioner, Lengai Ole Sabaya, and five co-accused.

The new development comes after the Director of Public Prosecutions (DPP) submitted to the High Court Arusha Registry the intention not to proceed with the appeal against Sabaya, Enock Mnkeni, John Aweyo, Sylvester Nyegu, Jackson Macha, and Nathan Msuya.

The appeal, whose hearing had been scheduled for today, Friday May 3, was to challenge the judgment issued by the Arusha Resident Magistrate's Court in the economic sabotage case no. 27/2021, which acquitted Sabaya and the co-accused.

On Friday May 3, 2024 before Judge Salma Maghimbi, Senior State Attorney Akisa Mhando told the court that the DPP had submitted a notice to dismiss the appeal under section 386(1) of the Criminal Procedure Act, Chapter 20, as amended in 2022.

Following that notice, Judge Maghimbi dismissed the appeal filed by the DPP challenging the judgement of June 10, 2022, over the economic sabotage case the accused were facing.

Sabaya and co-accused had won the case after the court found that the evidence presented by the prosecution was controversial, thus failing to prove the charges against them beyond reasonable doubt.

May 3’s was the final appeal in court against Sabaya, who was first arraigned on June 4, 2021, on charges of armed robbery.

His arraignment had come just a few weeks after President Samia Suluhu Hassan annulled his appointment as Hai DC.

Outside the court

Speaking to reporters outside the court, lawyer Moses Mahuna, who represented Sabaya and the co-accused, said that as of now, Sabaya and his co-accused were not facing any other charges.

"As of now, all the cases against him have been concluded; there are no ongoing legal proceedings. What follows next is that he is going to collect his belongings, including a car and some cash, that were being used as exhibits by the Prevention and Combating of Corruption Bureau (PCCB)," he said.

"My client does not expect to take any further action to seek compensation or anything of the sort. We thank the court, and, we believe, all these were God's plans. He has become an even stronger and better person than when he was first brought to court," he added.

 Other cases

On October 15, 2021, Sabaya, along with two co-accused individuals, Daniel Mbura and Sylvester Nyegu, found themselves embroiled in criminal case no. 105/2021.

Following a verdict by the Arusha Resident Magistrate's Court, they were found guilty of armed robbery.

As a result, they were each sentenced to 30 years in prison.

They appealed against this judgement at the High Court in Arusha Registry.

On May 6, 2022, before Judge Sedekia Kisanya of the High Court Arusha Registry, their convictions were overturned, and the court ordered their release.

However, they remained in custody due to other pending cases.

On May 30, 2022, Sabaya was charged with another case of economic sabotage no. 2/2022 at the Moshi Resident Magistrate's Court.

He was charged alongside co-accused Nyegu, Aweyo, Msuya, and Antoro Assey.

Nevertheless, Sabaya was acquitted by the court under the condition that he refrain from committing any criminal offence for a duration of one year.

Additionally, he paid a fine of Sh5 million after admitting to the charge of conspiracy to obstruct the course of justice.

On November 17, 2023, the Tanzania Court of Appeal dismissed the appeal filed by the Director of Public Prosecutions (DPP) against Sabaya, Nyegu, and Mbura.