Lissu made the application on October 24, 2025 after the prosecution requested an adjournment of the proceedings due to the absence of a witness.
Dar es Salaam. The High Court of Tanzania, Dar es Salaam Sub-Registry, has rejected a bail application filed by the Chairperson of the opposition party Chadema, Tundu Lissu, in his ongoing treason case.
Lissu made the application on October 24, 2025 after the prosecution requested an adjournment of the proceedings due to the absence of a witness.
Earlier, the prosecution had asked the court to postpone the hearing until November 3, 2025 stating that their witnesses were unavailable for the day.
The case, which is being heard by a three-judge panel led by the Principal Judge of the High Court in Iringa, Judge Dunstan Ndunguru and assisted by Judges James Karayemaha and Ferdinand Kiwonde, was scheduled to continue on Friday.
However, the prosecution informed the court that the next witnesses were expected to testify based on exhibits that had been ruled inadmissible on October 22 and 23, 2025.
The excluded exhibits included data storage devices — a flash drive and a memory card — containing video footage of a speech by Lissu, which the prosecution alleged contained statements inciting rebellion against the government.
Chief State Attorney Lenatus Mkude told the court that since it was the final day of the current hearing session, they were seeking an adjournment under Section 302 of the Criminal Procedure Act (CPA) until November 3, 2025 in line with the official case schedule.
Lissu, however, strongly opposed the request, arguing that the prosecution had failed to present valid grounds for adjournment.
He urged the court to compel the prosecution to produce its witness, insisting that without the excluded exhibits, the case had effectively collapsed and no further evidence existed to substantiate the charges.
He further requested that if the court agreed to the adjournment, it should grant him bail under Section 302(2) of the CPA.
In response, Chief State Attorneys Mkude and Nassoro Katuga objected to the bail plea, arguing that the offence of treason is non-bailable under Tanzanian law.
Delivering his ruling, Judge Ndunguru upheld the prosecution’s motion, stating that their reasons for seeking adjournment were valid and lawful.
He added that while the section cited by Lissu provides for bail under certain conditions, the current circumstances did not meet those criteria, given that the postponement request was legally justified and the charge itself was non-bailable.
“Since today marks the end of this court session, the case is hereby adjourned until November 3, 2025 as indicated in the court’s cause list,” Judge Ndunguru declared.
Following the decision, Lissu was returned to remand custody, marking his 202nd day in detention since his arrest on April 9, 2025 when the case was first filed.
