Kabendera files $10 million lawsuit against Vodacom Tanzania over alleged role in 2019 abduction

Dar es Salaam. The High Court in Dar es Salaam has summoned Vodacom Tanzania, a telecom company, to appear in court and submit documents it intends to use in defense in a case filed by journalist Erick Kabendera.

In the lawsuit, Kabendera seeks a court order for the company to compensate him with $10 million (equivalent to Sh27 billion), alleging it facilitated his arrest by the police—an incident he describes as abduction followed by charges of economic sabotage in 2019.

Before filing the lawsuit, Kabendera, renowned for investigative journalism, wrote a letter through his lawyer Peter Madeleka to Vodacom demanding $1 million (over Sh2.7 billion) in compensation. He gave them a 14-day ultimatum to comply, threatening legal action otherwise.

Vodacom Tanzania PLC's Communications Director, Zuweina Furaha, confirmed to Mwananchi at the time that they had received the letter and were addressing it.

However, Madeleka informed Mwananchi that his client opted to proceed with a lawsuit after the company failed to act on his demands within the stipulated 14-day period.

The lawyer stated that the case is scheduled to be heard by Chief Judge Salma Maghimbi and will be mentioned at 8:30 am on July 9, 2024.

According to the court summons for the defendants, the company has been directed to appear without fail and submit the documents it intends to use in its defense.

In case number 12799/2024, Kabendera claims that as a result of the incidents surrounding his abduction and prosecution, he has suffered both economic and non-economic damages. These include social, mental, and emotional pain, loss of enjoyment of life, hindrance to personal development, damage to his societal status, and professional reputation.

As such, he requests the court to order the company to pay him $10 million (Sh27 billion) as compensation for actual losses, plus interest at the court rate from the date of judgment until full payment.

He also seeks compensation for general damages as assessed by the court, case costs, and any other relief deemed appropriate by the court.

Account of his Abduction

According to the statement of claim in the case, Kabendera recounted events that occurred on his phone before his arrest. He stated that he began experiencing communication disruptions, which rendered his phone service unusable.

He detailed his efforts to determine the cause, including contacting customer service representatives and visiting the company's offices, all to no avail.

The problem started on July 27, 2019, at 9:00 pm when he turned on his phone, which had been turned off since the previous night, only to find it had no network.

He borrowed another phone and called customer service to inquire about why his service was cut off without notice.

A Vodacom customer service representative informed him that his Vodacom phone number (+255767456796) was facing technical challenges requiring him to report to the nearby customer service center in Tegeta.

Kabendera requested an explanation before visiting the service center, but the representative declined, citing the sensitive nature of the issue that necessitated his personal visit.

"However, (Kabendera hesitated to go to the customer service center) due to several incidents of people being abducted or arrested when they visited the customer service center since 2016," the document states, adding:

It goes on to describe that on Monday, July 29, 2019, at 10:00 am, Kabendera called customer service again, complaining that he needed to withdraw money from his phone to buy medicine for his sick mother.

The Vodacom representative who assisted him asked him to wait momentarily while he consulted his manager. He returned a few minutes later, explaining that Kabendera's case was sensitive and beyond their capability to resolve. Instead, they advised him to visit their offices at Mlimani City that morning.

However, at 3:00 pm on the same day, July 29, his phone suddenly started working again. He received a call from a Vodacom representative who asked him (Kabendera) to explain his problem. After about three minutes of explanation, the representative hung up, promising to call back later.

After approximately three minutes, Kabendera received a call from Vodacom customer service, which he answered and found it was a man's voice asking him where he was and that the call was disturbing him, as if it was being recorded.

"Before the call was cut off, our client heard the person who called him whispering that he was at his home and adding that he was close to his home," another part of the statement of claim reads.

According to the statement, these details alarmed Kabendera, prompting him to rush to the rooftop of his house where he observed several unfamiliar cars parked nearby.

Another car, a Toyota Alphard, was parked in front of those cars on the right side of his house. Four people got out, identifying themselves as police officers but refused to provide identification. They handcuffed him and held him in custody for two days.

The document continues, stating that during the interrogation, police officers entered the interrogation room with printouts of transactions from his phone's money account and a list of phone numbers he had called over the past year.

They questioned him about the purpose of each transaction and his relationships with the individuals he had contacted over several years.

Kabendera alleges that the police and government issued conflicting reports to the public regarding his 'abduction,' accusing him of being a non-citizen and defaming President John Magufuli. Ultimately, he was charged in court with money laundering and economic sabotage.

The document further states that while in custody, his mother, Verdiana Mujwahuzi, passed away, and he was denied attendance at her funeral due to his own health issues.

Due to these circumstances, he decided to admit guilt and pay compensation of TZS 273 million to secure his release from custody. Following his release, his friends and family received calls from the police warning them not to visit him in prison, lest they encounter difficulties.

Economic sabotage

After his arrest at his home in Mbweni on July 29, 2019, Kabendera was detained for a week. He appeared in the Kisutu Resident Magistrate's Court on August 5, 2019, facing charges of economic sabotage.

He was accused of three counts of planning and conspiring with a criminal network.

Additional charges against Kabendera included allegations of evading taxes totaling more than Sh173 million and money laundering. It was alleged that between January 2015 and July 2019, he provided assistance to a criminal gang for financial gain.

Regarding the second charge of tax evasion, he was accused of failing to pay Sh173 million.

In the third charge of money laundering, he was accused of laundering Sh173 million in various locations in Dar es Salaam.

He was alleged to have committed these offenses knowing that the money was obtained through tax evasion and participation in criminal activities.

However, Kabendera was released on February 24, 2020, after negotiating and reaching agreements with the Director of Public Prosecutions (DPP). As part of the agreement, he admitted guilt to some charges.