By Kusekwa Kusekwa
The High Court in Moshi has ordered the Inspector General of Police (IGP) and four others to release from custody a businessman, Mussa Majeba, who was detained at Moshi Central Police Station allegedly for stealing one laptop, one tablet and one pistol.
Judge Safina Simfukwe ruled against the respondents after granting an application for orders of Habeas Corpus—Latin for “show the body”—lodged by Majeba, the applicant.
Other respondents named in the matter included the Kilimanjaro Regional Police Commander (RPC), the Officer Commanding District (OCD) Moshi, the Officer Commanding Criminal Investigation Department (OC-CID) at Moshi Central Police Station, and the Director of Public Prosecutions (DPP).
“I hereby order that the applicant be released from custody of the respondents or be charged in the court of law of competent jurisdiction within 48 hours or be bailed out as prescribed by the law. Order accordingly,” Judge Simfukwe declared in a ruling delivered recently.
The judge pointed out that for the offence of stealing or selling properties suspected to have been stolen, a total of 62 days did not fall within the legally permitted 24 hours that the police are allowed to hold a person before arraigning them in a court of law.
According to an affidavit tendered in court by Mr Fredy Elimbigi Kimaro, counsel for the applicant, the applicant is a resident of Mwanza Region who works for gain in Dar es Salaam as a businessman, buying and selling different electronics equipment, including laptops and phone accessories.
The applicant was arrested on March 14, 2025, at Mikocheni in Dar es Salaam and taken to Chang’ombe Police Station in the city. He was informed that he was arrested for stealing one laptop, one tablet and one pistol—the property of one Minja, an employee of the Tanzania National Parks Authority (TANAPA).
Thereafter, on April 22, 2025, the applicant was transferred to Moshi Central Police Station via Arusha Police Station. Since then, the respondents have continued to hold him at Moshi Central Police Station without taking him to court, while his suspected offence is bailable.
