By Adonis Byemelwa
Mwanza–The Mwanza Resident Magistrate’s Court has on 29th November 2024 acquitted Dr. Yahya Ismail Nawanda, former Simiyu Regional Commissioner (pictured), of allegations involving sexual assault against a 21-year-old university student.
The ruling was delivered by Magistrate Erick Marley, who cited insufficient and inconsistent evidence presented by the prosecution as the basis for the decision.
The court emphasized that the evidence, including testimony and forensic reports, failed to directly connect Dr. Nawanda to the alleged offenses, which the complainant claimed occurred in June 2024 in Mwanza.
Criminal Case No. 1883/2024 revolved around accusations that Dr. Nawanda assaulted the student in a parked car near a Mwanza bar after inviting her for a discussion. She alleged coercion and threats, stating that he warned her against seeking help.
She later reported the incident to her mother, who advised her to approach law enforcement. Medical examinations conducted at Sekou Toure Hospital revealed injuries consistent with her claims, and forensic investigators collected additional evidence, including clothing and DNA samples.
Further allegations emerged during the trial, with the complainant stating that Dr. Nawanda had assaulted her earlier in January 2024 under similar circumstances.
She claimed he made financial promises to gain her trust and maintained communication with her through phone calls and messaging apps, which the defense argued was consensual.
Magistrate Marley stressed that the prosecution’s case lacked the necessary evidence to prove guilt beyond a reasonable doubt. He pointed to procedural gaps and inconsistencies in witness statements as key weaknesses that led to the acquittal.
The ruling has sparked mixed reactions. Supporters of Dr. Nawanda praised the verdict as a testament to justice, while critics, including human rights advocates, expressed concern over the challenges survivors face in prosecuting such cases.
Speaking live on Azam TV shortly after the ruling, Dr. Anna Henga, Executive Director of the Legal and Human Rights Centre (LHRC), commended the court for following proper criminal procedures and ensuring that justice was upheld. However, she expressed disappointment with the outcome, indicating that the LHRC intends to appeal the judgment.
“We acknowledge the judiciary for adhering to due process, and we welcome the transparency in this case. However, we remain dissatisfied with the ruling and believe there is sufficient ground to challenge this decision in the appellate court,” Dr. Henga said.
She emphasized the importance of public trust in legal proceedings and reiterated the LHRC’s commitment to pursuing justice. “Our role is not to undermine the judiciary but to ensure accountability and uphold the principles of fairness. The appeal is part of this process,” she added.
The acquittal has sparked mixed reactions among the public and legal fraternity.
Supporters of Dr. Yahya Nawanda have described the ruling as a vindication of his integrity, while critics argue that the decision raises questions about the effectiveness of the prosecution in handling high-stakes cases.
Political analysts have also weighed in, noting that the case underlines the need for stronger prosecutorial frameworks to ensure successful convictions in corruption and mismanagement cases.
As the LHRC prepares to file its appeal, the case is expected to remain a focal point of national discourse. Legal experts predict that the appellate proceedings could set important precedents for future cases involving public officials and the handling of financial misconduct allegations.
Dr. Henga’s remarks, coupled with the LHRC’s decision to challenge the judgment, highlight the ongoing push for accountability and the role of civil society in promoting justice.
As the appeal moves forward, the nation will be closely watching to see how the judiciary balances competing demands for transparency, fairness, and adherence to the rule of law. This case not only tests the strength of Tanzania’s judicial system but also reinforces the significance of civil society in shaping legal accountability frameworks.