How exhibit custodian in Pastor Malisa case was cross-examined

Former Chama cha Mapinduzi (CCM) member Pastor Godfrey Malisa

Moshi. The first prosecution witness in the cybercrime case facing Pastor Godfrey Malisa has told the Moshi Resident Magistrate’s Court the procedure he followed in receiving exhibits and forwarding one of them to the forensic laboratory in Dar es Salaam for analysis.

The witness, Police Officer G 1671 Sgt Chediel, the exhibit custodian at Moshi Central Police Station, outlined the process while testifying on Thursday, February 12, 2026.

In Criminal Case No 28411/2025, Pastor Malisa is accused of publishing information on his YouTube channel alleging that President Samia Suluhu Hassan should resign for overseeing the killing of thousands of Tanzanians.

In the first count, the prosecution alleges that on November 15, 2025, at Miembeni in Moshi District, Pastor Malisa published the statements on a YouTube account named Godfrey Malisa.

The charge sheet, filed on November 3, 2025, quotes him as stating: “Samia Suluhu Hassan should resign immediately because she has been a President who oversaw the killing of thousands of Tanzanians.”

The prosecution claims he published the statements knowing the information was false and with the intent to mislead the Tanzanian public.

In the second count, he is charged with incitement contrary to Section 35 of the Penal Code, Chapter 16, as amended in 2023.

Particulars of the offence state that on November 15, 2025, at Miembeni in Moshi District, Kilimanjaro Region, he allegedly incited members of the United Republic of Tanzania to commit a criminal offence, namely participating in an unlawful assembly.

While the prosecution is led by State Attorney Frank Wambura, Pastor Malisa is represented by a team of five lawyers headed by Advocate Deogratias Matata.

In his testimony, the witness said he has 19 years’ experience in the force after training at Moshi Police College (CCP) between 2008 and 2009 and later undertaking specialised training in exhibit management at Zanzibar Police College in 2024/25, where he was awarded a certificate.

He told the court that as exhibit custodian at Moshi Central Police Station, his duties include receiving exhibits, recording them in the PF 16 exhibit register, marking them, and storing them in a designated exhibit room.

He said the exhibit room is secure and fitted with two CCTV cameras, and that he alone keeps the keys, stressing that no one enters except him or during official inspections.

The witness further testified that on November 19, 2025, at about 23:30 pm, while at home in police quarters, he received a message from PF 21242 Inspector Nickson instructing him to report to the station to receive exhibits.

He said they proceeded to the exhibit room entrance, where he received brown envelopes containing two laptops—an HP with charger and an eMachine—and an Infinix Note 10 mobile phone.

The envelopes bore case number Moshi IR/6544/2025, the name of Inspector Nickson as the collecting officer, and the suspect’s name, Malisa.

He recorded the items in the PF 16 register, which was produced in court as an exhibit.

Under cross-examination, he conceded that he had no proof the phone taken to the Dar es Salaam forensic laboratory was the same one returned, as he did not record the IMEI number.

He also confirmed he had neither examined the contents of the devices nor verified their identification numbers. The case was adjourned to February 20, 2026.

Treason case

Apart from the cybercrime case, Pastor Malisa also faces treason charges under Section 39(2)(d) of the Penal Code, as amended in 2023, accused of mobilising an unlawful assembly.

On February 10, 2025, Pastor Malisa, a PhD holder, was expelled from CCM after opposing the party’s decision to nominate President Hassan as its presidential candidate.

The expulsion was announced by Kilimanjaro CCM Secretary Merce Mollel, who cited a regional executive decision that he no longer qualified to remain a member.

Despite his expulsion, he continued opposing the nomination through court action and later on social media.