25 June, 2020
THE NJOMBE RESIDENT MAGISTRATE’s COURT SET TO DELIVER ITS RULING ON THE CASE FACING JOURNALIST EMMANUEL KIBIKI ON 8TH JULY 2020
This statement was first published by the Tanzania Human Rights Defenders Coalition
The Resident Magistrate’s Court in Njombe region will deliver its ruling on whether Journalist Emmanuel Kibiki has a case to answer next month on 8th July 2020. If Mr. Kibiki will be found to have a case to answer, then the defense hearing shall commence on the same day.
Journalist Emmanuel Kibiki is charged in criminal case No. 90 of 2018. The case continued today for a hearing of the prosecution’s witness at the Resident Magistrates’ Court of Njombe before Honourable Resident Magistrate Ng’welo. The case raises concern on freedom of expression by independent journalists.
Advocate Chance Luoga from Tanzania Human Rights Defenders Coalition (THRDC) has been handling the case since Mr. Kibiki was arraigned at the Court for the first time in the year 2018.
The Arrest of Journalist Emmanuel Kibiki:
The independent Journalist Mr. Emmanuel John Kibiki was arrested, detained and arraigned at the Resident Magistrate’s Court of Njombe region on 22nd May 2018. He was charged on three counts;
First count: Giving false information to a person employed in public services contrary to Section 122(b) of the Penal Code [Cap 16 R:E 2002]. The particulars for such alleged false information are that, on the 25th day of May 2016 at Makambako Mr. Kibiki did give false information to the TANESCO-Executive Director. It is alleged by the Republic that Mr. Kibiki wrote a letter to the Executive Director claiming that, Makambako TANESCO Manager, Security Officer and the Driver are dealing with corruption practices and using abusive language.
Second count: Giving false information to a person employed in public services contrary to Section 122(b) of the Penal Code [Cap 16 R:E 2002]. The particulars for such alleged false information are that, on 25th day of May 2016 at Makambako Mr. Kibiki did give false information to the TANESCO-Executive Director. It is alleged by the Republic that Mr. Kibiki wrote a letter to the Executive Director claiming that, Makambako TANESCO Manager, Security Officer and the Driver are dealing with corruption practices and using abusive language under the defense of the TANESCO-Regional Manager and;
Third count: Giving false information to a person employed in public services contrary to Section 122(b) of the Penal Code [Cap 16 R:E 2002]. The particulars for such alleged false information are that, on 30th day of January 2018 at Makambako Mr. Kibiki did give false information to the TANESCO-Executive Director. It is alleged by the Republic that Mr. Kibiki wrote a letter to the Executive Director claiming that there is TANESCO infrastructure sabotage at Makambako thereby caused annoyance to Makambako TANESCO Officers and Police Officers.
Without prejudice, the Tanzania Human Rights Defenders Coalition (THRDC) recommends that, it is better for this case to come to an end as it has taken a long time without being completed. This will help Mr. Kibiki to continue working freely without spending much of his time attending court sessions.
Issued by:
Tanzania Human Rights Defenders Coalition (THRDC),
23rd June 2020