Mbowe, co-accused in legal battle for bail in city court

Dar es Salaam/Morogoro. Chadema chairman Freeman Mbowe and other top leaders of the main Opposition party are once again scheduled to appear before the Kisutu Resident Magistrates’ Court where ruling on their bail application is expected to be made.

Mr Mbowe, Dr Vincent Mashinji (Secretary General), Mr John Mnyika (Deputy Secretary General (Mainland), Mr Salum Mwalimu (Deputy Secretary General (Zanzibar), Rev Peter Msigwa (Member of Parliament, Iringa Urban) and Ms Esther Matiko (MP for Tarime Urban) were charged on Tuesday facing eight counts of sedition and raising discontent and illwill for unlawful purposes.

Resident Magistrate in-charge Wilbard Mashauri ordered the accused to remain in remand until today when he will deliver his ruling on whether to grant them bail or not after going through the competing submissions presented by the prosecution and the defence.

According to the charge sheet, Mr Mbowe is facing seven counts; Rev Msigwa is facing three counts, while the rest are facing two counts each.

The prosecution alleged that the accused persons committed the offences on February 16, at Kinondoni Mkwajuni and Buibui Grounds in Kinondoni District.

The prosecution team comprises of Principal State Attorneys Faraja Nchimbi, Zainabu Mango, Senior State Attorney Patrick Mwita and State Attorney Wankyo Simon, while the defence team comprises of advocates Peter Kibatala and Hekima Mwasiku.

The latter argued that their clients were entitled to bail as the alleged offences were bailable and that the cited reasons were not contained in section 148 (5) of the Criminal Procedure Act which governs bail issues.

Meanwhile, Morogoro Resident Magistrates’ Court has dropped charges facing forty four out 57 suspects in a case to touch a local government office in Sofi Village.

However, Chadema Members of Parliament (MPs) Suzan Kiwanga (Mlimba), Peter Lijualikali (Kilombero) and 11 co-accused have a case to answer at the court.

Prosecution on Wednesday submitted at the court the plea to drop charges facing the 44 suspects saying was lacking strong evidence to try them.

Magistrate Ivan Msacky accepted the plea and adjourned the case until April 24 when the Preliminary Hearing will be read against Chadema MPs and 11 co-accused.

Outside the court, a lawyer representing the accused, Mr Fredy Kalonga said they were preparing themselves against evidence to be submitted at the court.

Among the 44 freed suspects is Clement Mjami, a councillor of Mkula, who said that it was shameful for the State to fail to gather evidence against the suspects including himself.