Simanjiro. The High Court of Tanzania, Moshi Registry, has acquitted Mr Nestory Machibya, who was charged with trafficking narcotic drugs khat weighing 116.69 kilogrammes, after finding that the prosecution failed to prove the case to the required legal standard.
The ruling was delivered on Friday, May 29, 2026, by Justice Safina Simfukwe, who was hearing Economic Sabotage Case No 18604/2024 against the accused.
According to the charges, on July 6, 2023, at Rikweni Village in Same District, Kilimanjaro Region, Mr Machibya was alleged to have been found trafficking illegal drugs contrary to the law.
The prosecution called six witnesses and produced nine exhibits, while the accused was the sole defence witness.
The court was told that the operation was conducted by officers of the Drug Control and Enforcement Authority (DCEA) following a tip-off that the accused was involved in khat farming and trade.
Evidence showed that DCEA officers arrested the accused at Rikweni and allegedly led them to his farm, where they found four plastic sacks containing fresh leaves suspected to be narcotic drugs.
The officers testified that they marked the exhibits, took samples, and submitted them to the Government Chemist for analysis.
The court heard that laboratory tests confirmed the leaves were narcotic drugs known as khat.
The report indicated the drugs weighed 116.69 kilogrammes and were later destroyed by burning under a court order due to their perishable nature.
In his defence, Mr Machibya, denied the allegations and said he was arrested while attending his father-in-law’s funeral in Heikonti Village, Same District.
He further denied leading officers to any farm or knowing the seized exhibits.
Defence lawyer Desiderius Hekwe applied for the case to be dismissed, arguing that the charge sheet had serious legal defects.
He argued that it did not clearly specify how the accused allegedly engaged in drug trafficking, preventing him from preparing an adequate defence.
He also challenged the search and seizure process, arguing that legal requirements regarding an independent witness were not followed.
Court decision
In his analysis, Justice Simfukwe agreed that the charge sheet had defects because it failed to clearly state the nature of the alleged offence.
The judge said it only stated that the accused was “trafficking drugs” without specifying the manner in which the offence was committed, therefore, undermining the accused’s right to a fair defence.
The court also found flaws in the search and seizure process, noting that one of the officers involved acted as a so-called independent witness.
The judge ruled that a person involved in an operation cannot qualify as an independent witness.
The court also noted that there were procedural gaps in the destruction of the exhibits, as records did not properly document the accused’s consent or objections.
However, the court confirmed that the Government Chemist report established that the seized leaves were khat.
Despite this, the court ruled that the prosecution failed to prove beyond reasonable doubt that the drugs were in the possession or control of the accused.
The judge concluded that the evidence did not meet the legal threshold for conviction.
He therefore acquitted Mr Nestory Machibya and ordered his immediate release unless held for other lawful reasons.
