Sumbawanga. Three Democratic Republic of Congo (DRC) nationals who had spent 243 days in prison have been freed after the High Court in Sumbawanga quashed their convictions, citing serious inconsistencies over the location where the alleged offences were committed.
Justice Thadeo Mwenempazi delivered the judgment on August 12, 2026, ruling that the contradictions in the charge sheet raised fundamental questions about the geographical jurisdiction of the Nkasi District Court.
The three men, Godson Chilambe, Kalunga Kandulwe and Francois Katuta, were arrested on December 4, 2025, at Kalubamba village in Rukwa Region and charged with fishing in Tanzania without valid licences, unlawful presence in the country and, in Chilambe’s case, possession of a prohibited gill net.
They pleaded guilty before the Nkasi District Court, which fined each of them Sh1.5 million on the first count. Chilambe was ordered to pay an additional Sh2.5 million on the second count, while all three were fined Sh500,000 each on the third count.
The court ordered that failure to pay the fines would result in three years’ imprisonment. It also ordered the confiscation of their boat and engine and the destruction of the prohibited gill net.
Dissatisfied with the decision, the three appealed through advocate Deogratius Sanga, arguing that the Nkasi District Court lacked geographical jurisdiction because Kalubamba village was outside Nkasi District and outside Tanzania.
They also challenged their guilty pleas, arguing that the prosecution’s account did not clearly establish all the essential elements of the offences.
Representing the Republic, State Attorney Scholastica Mwacha opposed the appeal, maintaining that the offences had occurred at Kalubamba village within Nkasi District, Rukwa Region. She argued that the appellants had understood the charges and admitted the facts without qualification.
However, Justice Mwenempazi found a significant contradiction in the charge sheet.
The first and second counts stated that Kalubamba village was in Nkasi District, while the third count placed the same village in Namanyere District.
The judge said the inconsistency was fundamental because the location of the alleged offences was central to determining whether the Nkasi District Court had jurisdiction and whether the men could lawfully be charged with being in Tanzania without valid immigration documents.
Justice Mwenempazi further held that a guilty plea could not sustain a conviction where the facts presented by the prosecution were incomplete, unclear or inconsistent with the offences charged.
He said the uncertainty surrounding the location of Kalubamba meant the men’s guilty pleas lacked a firm legal foundation.
The High Court consequently allowed the appeal, quashed the convictions and sentences, and ordered the immediate release of the three DRC nationals.
The court also ordered that their confiscated property be returned.
Justice Mwenempazi, however, said the Republic could still pursue the case against the three men before a court with proper jurisdiction, provided such proceedings complied with the law, were supported by available evidence and served the interests of justice.
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