Kigoma. The High Court of Tanzania, Kigoma Sub-Registry, has allowed an application by petitioners in the Kigoma Urban parliamentary election petition, granting them additional time to file witness statements in a case challenging the victory of lawmaker Clayton Chipando, popularly known as Baba Levo.
In a ruling delivered in the evening of Thursday, June 18, 2026, in the evening, Judge Victoria Nongwa granted the application after considering submissions from the petitioners’ counsel and dismissing objections raised by the respondent’s legal team.
“The application is allowed, and the applicants are directed to file their witness statements as required by law. Each party shall bear its own costs,” ruled Judge Nongwa.
The petition was filed by four citizens, Johary Kabourou, Loum Mwitu, Pendo Kombolela, and Luma Akilimali, against the Kigoma Urban Constituency Returning Officer, MP Baba Levo, and the Attorney General.
They are challenging the election of Baba Levo (CCM), who was declared the winner in the October 29, 2025, General Election, defeating ACT-Wazalendo candidate and former MP, Mr Zitto Kabwe.
The petitioners allege electoral irregularities, including procedural breaches, bribery, and religious bias attributed to the second respondent.
The matter had been scheduled for a hearing of the petitioners’ evidence on June 18, 2026, but they failed to file witness statements within the timeframe set under the Parliamentary and Presidential Election Rules, 2025.
On June 17, they filed a miscellaneous application seeking an extension of time, which was heard on June 18 before the main petition proceeded.
Petitioners’ lawyer John Seka told the court they were unable to comply due to limited time, arguing that the 48-hour deadline effectively expired on June 16 at 6:00 pm.
He said the earlier hearing ended at midnight, leaving only a short window to identify about 20 witnesses, conduct interviews, and prepare more than 180 pages of documents and over 60 video exhibits.
He argued that compliance within the timeframe was impossible and that the applicants were not negligent.
However, lawyers for Baba Levo, Daniel Rumenyela, and Thomas Msasa opposed the application, urging the court to dismiss it.
They argued that the petitioners had ignored a clear court order and failed to act within the 48-hour deadline, which they said expired on June 17, 2026.
They further submitted that the petitioners could have filed available witness statements and later applied to call additional witnesses orally.
They also noted that no witness statements, including those of the petitioners, had been filed.
Mr Msasa further argued that the supporting affidavit was defective, citing inconsistencies in dates, including a reference to December 24, 2025, which had already passed, and urged the court to dismiss both the application and the petition.
In response, Mr Seka maintained that there is no statutory limit for extension applications where sufficient cause is shown, and that any defects in the affidavit were curable.
Court’s decision
In her ruling, Judge Nongwa held that the petitioners required adequate time to meet witnesses and prepare statements, particularly after issues for determination became clearer following preliminary proceedings.
She noted that even partial compliance would not have enabled proper filing of all required witness statements.
The judge further stated that prompt filing, absence of negligence, and satisfactory explanation for delay are key factors in granting an extension of time.
She also found that the respondents had not demonstrated any prejudice that would arise from granting the extension.
On the alleged defects in the affidavit, the court ruled that such irregularities were curable and not fatal to the application.
She added that specifying the exact duration of extension sought is not a legal requirement.
The judge also held that it was clear the application related to the election petition despite procedural objections raised by the respondents.
She concluded that the delay was not due to negligence and that sufficient cause had been shown.
“I am satisfied that the application has merit. The applicants are granted an extension of time to file their witness statements,” she ruled.
The court has set July 6, 2026, for continuation of the main election petition challenging Baba Levo’s victory.
