ALUTE MUGHWAI: LEGAL GIANT OF INTEGRITY, PRINCIPLE

ALUTE MUGHWAI: LEGAL GIANT OF INTEGRITY, PRINCIPLE

BY METHOD K. KIMOMOGORO

In February 1985, I reported for duty at the Arusha Zonal Office of the Attorney General’s Chambers.

The office had four State Attorneys: Mr George Mlawa, who was in charge, Mr Mkunga Mtingele, Mrs Mary Lyimo and the most junior, Mr Alute Mughwai. When I reported for duty, I realised that two of my colleagues, who were also 1984 LLB graduates, had been posted to the same office. These were Aishiel Sumari (retired High Court Judge) and Michael Magohe, in addition to myself.

Our senior colleagues were very hardworking legal minds and, above all, were keen to assist us in coping with the demands of a very busy workstation.

Following the national elections held in October 1985, several election petitions were filed at the High Court in Arusha. It turned out that two of those petitions challenged the parliamentary election results in the Rombo and Moshi Rural constituencies, respectively. Alute was assigned to represent the Attorney General in the Rombo election petition filed by the late Leons Silayo Ngalai against Basil Pesa Mbili Mramba.

The petition was heard at the Resident Magistrate’s Court in Moshi.

I was also assigned to prosecute accused persons in homicide cases during the High Court sessions that were taking place simultaneously with the election petitions.

For over a month, Alute and I remained in Moshi, discharging our respective duties in those court proceedings.

Besides spending the evenings together at the KNCU Hotel, where we were staying, we would also spend our leisure time together in Moshi township.

This gave me the opportunity to appreciate Alute’s attributes, both professional and social. Professionally, he was hardworking and prepared his briefs meticulously, without overlooking even the smallest details.

He was also prepared to concede defeat in legal arguments when he realised that his position was untenable. As such, he encouraged his junior colleagues, including me, to engage him in arguments without resorting to self-censorship.

Alute had an insatiable thirst for knowledge. He read books, journals, law reports, newspapers and virtually every piece of printed material that came his way.

He also attended conferences, workshops, seminars, meetings and similar gatherings to keep himself abreast of developments around the world.

Another key attribute of Alute was his strict adherence to professional ethics and his uncompromising ethical and moral standards.

Last but not least, he was soft-spoken and very amiable. However, during court proceedings, he would, when circumstances warranted, deliver fiery arguments in his submissions.

Those of us who were privileged to know him, work with him and interact with him can, without hesitation, attest to the fact that he was indeed a talented and accomplished lawyer and advocate.

We thus pray that Almighty God may be pleased to reserve an eternally befitting seat for Alute, where he may enjoy the treasures of the Kingdom of God. Amen.

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