UBUNGO
member of parliament Saed Kubenea was yesterday found guilty of
verbally assaulting former Kinondoni district commissioner Paul Makonda,
but conditionally discharged thanks to his public office status and the
fact that it was his ‘first’ offence.
Saed Kubenea
The opposition CHADEMA party legislator was also ordered to sign papers to show his acceptance of the court judgment.
Reading the judgment, senior resident magistrate Thomas Simba of the Kisutu Resident Magistrate's Court in Dar es Salaam said the prosecution had proved beyond doubt, through the testimonies of two witnesses, that Kubenea committed the offence.
According to Simba, the court was satisfied that the accused used abusive language against the DC and thus breached the peace.
When asked by the magistrate, senior state attorney Mutalemwa Kishenyi for the prosecution confirmed that Kubenea did have a previous criminal record and this was its first offence.
Kishenyi requested the court to administer a punishment according to the law which stipulates a monetary fine, a maximum six-month jail sentence, a conditional or unconditional discharge.
In mitigation, Kubenea claimed that on the fateful day he went to the TOOKU Garments Company Limited factory in Mabibo External, Kinondoni district with the purpose of helping solve a pay dispute between the factory workers and their employers.
He said he did not have any intention of getting involved in a clash of words with Makonda (who is now Dar es Salaam regional commissioner).
“This is my first offence…, I am an MP, elected by the wananchi just five months ago, who still need me to serve them. I am requesting the court to give me a lenient sentence so I can continue fulfilling my obligations,” Kubenea said.
Magistrate Simba said he accepted the accused’s plea for “mercy” and gave him a conditional discharge on the understanding that if he commits a similar offence again in future, “the punishment will change.”
But speaking outside the court after being set free, Kubenea said the magistrate was wrong to reach such decision and he intended to lodge an appeal by a certificate of urgency.
He was convicted of abusing Kinondoni DC Makonda by calling him a “stupid kibaka (petty thief)” who got the post of DC “as a favour.”
During the hearing, Makonda told the court that he did not expect to be insulted in such a manner by someone of a high rank such as Kubenea.
The MP was convicted of committing the offence on December 14 this year at the factory premises after Makonda moved to close down the meeting between Kubenea and the factory workers.
In his defence, Kubenea argued that the DC’s move to close down the meeting “without giving me an opportunity to speak to my electorate who had called me here” was unfair.
Reading the judgment, senior resident magistrate Thomas Simba of the Kisutu Resident Magistrate's Court in Dar es Salaam said the prosecution had proved beyond doubt, through the testimonies of two witnesses, that Kubenea committed the offence.
According to Simba, the court was satisfied that the accused used abusive language against the DC and thus breached the peace.
When asked by the magistrate, senior state attorney Mutalemwa Kishenyi for the prosecution confirmed that Kubenea did have a previous criminal record and this was its first offence.
Kishenyi requested the court to administer a punishment according to the law which stipulates a monetary fine, a maximum six-month jail sentence, a conditional or unconditional discharge.
In mitigation, Kubenea claimed that on the fateful day he went to the TOOKU Garments Company Limited factory in Mabibo External, Kinondoni district with the purpose of helping solve a pay dispute between the factory workers and their employers.
He said he did not have any intention of getting involved in a clash of words with Makonda (who is now Dar es Salaam regional commissioner).
“This is my first offence…, I am an MP, elected by the wananchi just five months ago, who still need me to serve them. I am requesting the court to give me a lenient sentence so I can continue fulfilling my obligations,” Kubenea said.
Magistrate Simba said he accepted the accused’s plea for “mercy” and gave him a conditional discharge on the understanding that if he commits a similar offence again in future, “the punishment will change.”
But speaking outside the court after being set free, Kubenea said the magistrate was wrong to reach such decision and he intended to lodge an appeal by a certificate of urgency.
He was convicted of abusing Kinondoni DC Makonda by calling him a “stupid kibaka (petty thief)” who got the post of DC “as a favour.”
During the hearing, Makonda told the court that he did not expect to be insulted in such a manner by someone of a high rank such as Kubenea.
The MP was convicted of committing the offence on December 14 this year at the factory premises after Makonda moved to close down the meeting between Kubenea and the factory workers.
In his defence, Kubenea argued that the DC’s move to close down the meeting “without giving me an opportunity to speak to my electorate who had called me here” was unfair.
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