Tanzania’s High Court dismisses Habeas Corpus case for ex-envoy Humphrey Polepole

However, advocate Peter Kibatala, who represented Mr Polepole — a former Tanzanian ambassador to Cuba — said they will appeal the decision, insisting that the case raises substantial legal questions that the Court of Appeal ought to review.

The case, Application No. 24514/2025, was filed on October 7, 2025, by Mr Kibatala under a certificate of urgency.

The respondents listed in the case were: the Inspector General of Police (IGP), the Director of Public Prosecutions (DPP), the Attorney General (AG), the Zonal Crime Officer for the Dar es Salaam Special Zone (ZCO), and the Zonal Police Commander (ZPC).

In his affidavit supporting the application, Mr Kibatala stated that Mr Polepole was reportedly abducted on October 6, 2025, from his home in Ununio, Kinondoni District, Dar es Salaam, by individuals believed to be police officers.

He argued that Mr Polepole had not been charged with any criminal offence before any court of law and was believed to be held in an undisclosed location by the respondents.

“His constitutional rights have been violated without just cause. The applicant’s wellbeing requires urgent attention and judicial intervention to ascertain his safety and legal status,” Mr Kibatala stated in the affidavit.

He urged the court to order that Mr Polepole be released on bail or brought before a competent court of law and charged accordingly.

Mr Kibatala further informed the court that the applicant is a Tanzanian citizen who has served the country in various capacities, including as District Commissioner for Ubungo, Dar es Salaam, and Ambassador to Malawi and Cuba.

He added that earlier this year, Mr Polepole voluntarily resigned from his diplomatic post, citing dissatisfaction with how national affairs were being managed within the government and across the country.

According to Kibatala, in his public statements, Mr Polepole had repeatedly expressed concerns for his personal safety due to threats he allegedly received from unknown individuals, linked to his outspoken political and governance views.

“These claims were publicly confirmed by his brothers, Godfrey and Agustino Polepole, as reported by local media outlets,” the lawyer said.

He noted that the fifth respondent, ZPC Jumanne Muliro, was quoted in the press dismissing the allegations of abduction.

Mr Kibatala emphasised that, as of the time he swore the affidavit, Mr Polepole’s whereabouts remained unknown, and none of the respondents had provided any feedback on his condition, safety, or legal status — a situation that continues to heighten public concern.

“I have reason to believe that the respondents, particularly the fifth respondent (ZPC), are aware of and have authority over the applicant’s detention,” Kibatala said.

Court’s decision

The matter was heard through written submissions. In its ruling delivered today, the court held that the applicant failed to discharge the burden of proving that the respondents were the ones who took Mr Polepole.

“What was presented before this court were mere suspicions that the respondents might have taken him or know his whereabouts,” the ruling read in part.

“For those reasons, this court declines to grant the orders sought. Consequently, the application is hereby dismissed,” announced Deputy Registrar Lyakinana.

Reacting to the ruling, Mr Kibatala confirmed that an appeal has already been lodged.

“We have filed a notice of intention to appeal and requested the High Court to prepare the necessary case records for the appellate process. The documents are already in the court system,” he said.