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Judgment

Godfrey Mjuni Martin Basasingohe v. The Attorney General and The Director of Public Prosecutions

Section 194 unconstitutional for violating equal protection; Parliament given 12 months to amend.

February 16, 2026 · Constitutional & Administrative Law

In Godfrey Mjuni Martin Basasingohe v. The Attorney General and The Director of Public Prosecutions, the High Court (Mwanza Sub-Registry) held that section 194 of the Criminal Procedure Act violates the constitutional principle of equal protection of the law under Articles 12(1) and 13(1) of the Constitution by effectively granting witness protection rights exclusively to prosecution witnesses while denying corresponding safeguards to defence witnesses. The Court found that although ex parte applications for protective measures do not, in themselves, breach the right to a fair hearing, vesting the power solely in the Director of Public Prosecutions creates unequal protection between prosecution and defence. Parliament was directed to amend the provision within twelve months, failing which it will cease to have legal force. No order as to costs was made.

Judgment

Steven Kitale Cleophace v. The Tanganyika Law Society, Executive Director of the Tanganyika Law Society, The Governing Council of the Tanganyika Law Society and The Hon. Attorney General

Leave to institute judicial review granted; interim injunction restraining AGM and election process declined.

In Steven Kitale Cleophace v. The Tanganyika Law Society, Executive Director of the Tanganyika Law Society, The Governing Council of the Tanganyika Law Society and The Hon. Attorney General, the High Court (Mwanza Sub-Registry) granted leave to file a judicial review application challenging the legality of the TLS election process and alleged denial of access to governing documents. The Court found that the applicant, a Governing Council member, had established sufficient interest and an arguable case concerning the nomination of electoral committee members and the increase of AGM registration fees. However, the Court declined to grant interim injunctive relief restraining the AGM and election process, holding that such relief should be sought within the substantive judicial review application. No order as to costs was made.

15 Jul 2024 · Constitutional & Administrative Law

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Judgment

Steven Kitale Cleophace v. The Tanganyika Law Society, Executive Director of the Tanganyika Law Society, The Governing Council of the Tanganyika Law Society and The Hon. Attorney General

All preliminary objections dismissed; leave application allowed to proceed.

In Steven Kitale Cleophace v. The Tanganyika Law Society, Executive Director of the Tanganyika Law Society, The Governing Council of the Tanganyika Law Society and The Hon. Attorney General, the High Court (Mwanza Sub-Registry) dismissed all five preliminary objections raised against an application for leave to institute judicial review proceedings. The Court held that the applicant, a Governing Council member of the Tanganyika Law Society, had locus standi and had sufficiently pursued internal avenues before approaching the Court. It further found that the alleged refusal to provide requested documents constituted a decision amenable to judicial review. Costs of the preliminary objections were awarded against the 1st to 3rd Respondents.

15 Jul 2024 · Constitutional & Administrative Law

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