THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday gave Ubungo MP (Chadema) Saed Kubenea three-month conditional discharge for insulting current Dar es Salaam Regional Commissioner (RC) Paul Makonda.
Principal Resident Magistrate Thomas Simba ruled against the MP after holding that the prosecution sufficiently proved through its three witnesses that he committed the offence. The magistrate directed the lawmaker to refrain from committing a similar offence within the period, warning that he would be re-arrested and given any other custodian sentence in accordance with the law in case of any violation.
Immediately after delivery of the judgment, Advocate Peter Kibatala, for the legislator, informed the court that the defence has not been satisfied with the conviction - and that would appeal to the High Court. He presented an oral notice of appeal in terms of section 361 (1) (a) of the Criminal Procedure Act.
Mr Kibatala requested the court to supply him with a typed copy of the proceedings and the judgment to enable him prepare a memorandum of appeal for determination by the High Court. The magistrate assured the defence that the copies would be availed to the parties within a short period.
After the court session, Kubenea assured his electorate that he is still their MP and that he would continue serving them diligently as he had promised. “You will start seeing my fireworks starting next week in Dodoma,” he told some of his electorate who had gathered at the court’s grounds.
He pointed out that his conviction for the ‘’minor criminal offence did not affect his membership of the House as per the law.
Senior State Attorney Mutalemwa Kishenyi was also of the same position because the sentence provided to the MP was a minor one despite his conviction. Advocates John Malya and Omar Msemo later told the ’Daily News’ on separate interviews at the court grounds after the session that indeed Kubenea was free to continue with his duties as MP because the sentence provided did not curtail his movements.
They pointed out that had the court imposed a custodial sentence against the lawmaker, in particular for a period exceeding three months, such sentence would have affected his duties and rendering him illegible to continue serving his electorate.
Mr Simba also considered several other factors, including mitigation factors advanced by the MP and the circumstances under which the offence was committed before resolving that the latter deserved a lenient sentence.
Kubenea had requested for a lenient sentence, stating that the prosecution admitted that he has no criminal record and that he went to the scene of the crime with good faith and intention – that resolving a labour dispute involving workers of TOOKU Garments Company Ltd.
On the other hand, the prosecution, led by Senior State Attorney Mutalemwa Kishenyi, had requested the court to consider the law and the status of the MP in the society when setting the appropriate sentence to impose to him, considering the nature of the offence committed.
Kubenea (44), who resides at Ubungo Makuburi, was alleged to have committed the offence on December 14, last year, at TOOKU Garments Company Limited’s factory at Mabibo External within Kinondoni District in Dar es Salaam Region.
The court was told that he abused Mr Makonda, at the time he was District Commissioner (DC) of Kinondoni District, by using abusive language in manner that was likely to cause a breach of the peace.
According to the prosecution, Kubenea was quoted as telling the former DC, “Wewe kibaka, mpumbavu, mjinga na cheo chenyewe cha kupewa tu.” Kubenea was arrested by the police in connection with the offence after he had exchanged some sour words with Makonda at the factory.
It was reported that the MP had gone to the factory to talk with some workers over payment disputed with their employers. But a while later Makonda went at the scene for the purpose of resolving the controversy.
After holding discussions with the workers and management of the company, he closed the meeting without giving Kubenea an opportunity to speak a word to what he called as his electorate, who had called him there.
It was at such point in time when the two parted to each other and a disagreement among them ensued. As a result, it was reported that the ex-DC ordered the police to apprehend him, which led to his arrest and questioning at a nearby police station.
