Kisutu court denies issuing injunction on Dar mayoral polls

The Kisutu Resident Magistrate's Court

 The Kisutu Resident Magistrate’s Court yesterday denied issuing a temporary injunction to restrain the election of Dar es Salaam City Council mayor and deputy mayor which was scheduled for Saturday, last week. 

 

Principal Resident Magistrate Cyprian Mkeha said that until Friday evening he had not received any application to reject the election.

When asked about the temporary injunction shown on the notice board on Saturday at the Kisutu Court through magistrate Warialwande Lema, the court official maintained: “There was no such an order.”

 

Clarifying on the matter, Magistrate Lema said on February 5, this year, two applicants, Susan Ernest Massawe and Saad Mohamed Khimji filed a main case before the court against the election that was supposed to be held on February 8, this year.

 

Therefore, the court issued a temporary injunction for both parties were to appear before the court on February 15 for a hearing, even though no one came.

 

Magistrate Lema said he postponed the hearing to February 23, but also no one appeared before the court . He said after that he decided to withdraw the application, making the injunction automatically dead.

 

“Because the case was withdrawn, there’s no injunction,” said Lema.

Last weekend, an argument ensued at Karimjee Hall between members of the Coalition of People’s Constitution (UKAWA) and CCM, following the announcement of adjournment of the election ostensibly to obey the court order issued by City Council deputy director Sara Yohana.

 

Postponing the election, Yohana said: “We have met here today for the purpose of electing a city mayor, but this morning I have received a court injunction which orders the suspension of the poll. However, it does not specify the expiry date, but it will be valid for six months.”

 

According to the injunction order letter, it was issued by the court on February 5, 2016. 

 

The injunction letter was also glued on the hall door outside and it partly read, “This court hereby orders that an interim order is hereby granted that election of the mayor and deputy mayor of Dar es Salaam City Council is hereby suspended pending hearing and determination of an application filed by the applicants.”

 

On January 24, this year, this paper reported that opposition MPs and councilors of Ilala and Kinondoni Municipalities thronged the polling booth at Karimjee grounds en-masse, amid speculation that their rival Chama Cha Mapinduzi (CCM) challengers were conspiring to take them for a ride following an abrupt, indefinite suspension of the Dar es Salaam mayoral elections.