Police in the Tanga region confirmed on July 14, 2024, to have detained Kombo Twaha Mbwana a 29-year-old businessman and CHADEMA’s party leader in Handeni for allegedly offenses related to misuse of social media platforms.
Since June 15, 2024, Kombo Mbwana’s family, friends, and party colleagues have been searching for him after he went missing. According to his mother, Hellena Joseph, several individuals came to his house around 8 a.m. that day, accusing him of illegally living on his plot. They manhandled him and forced him into their vehicle.
“A man came to his home saying that Kombo was living there illegally, that he had bought three hectares of the plot, and traveled. He told Kombo that his documents were in his vehicle, but they ended up taking him, they did not identify themselves,” said Helena Joseph during the CHADEMA rally in Handeni on June 30, 2024.
Speaking to the press on July 15, 2024, the acting Regional Police Commander of Tanga, ACP Zacharia Bernard said Kombo was in detention for the misuse of social media.
“The Police Force would like to inform the public that it is holding Mr. Kombo Twaha Mbwana (29), a resident of Kwamsala in Handeni District, Tanga region, on suspicion of committing offenses related to misuse of social media platforms across various regions in the country,” said Zacharia.
He added: “The suspect has been using electronic devices and unregistered SIM cards from various networks to commit these crimes, which contravenes the laws of the country. Investigations into these incidents have reached an advanced stage, and the suspect will be brought to court soon.”
Kombo’s family confirmed that they reported the incident to the police and have been making continuous follow-ups. Although the police visited their home twice to ask investigation questions they never provided any concrete answers, they only maintained that the investigation was ongoing.
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Speaking to the press after the CHADEMA rally on June 30, 2024, the District Commissioner of Handeni Albert Msando said the government was treating the case of Kombo as any other case of abduction or disappearance.
He said: “Up until now, this matter is under police investigation and his family has admitted that the police have given them great cooperation. And we, as the government, have not failed at all; we are doing everything possible to ensure this man is found and we can know what has happened to him or what is going on.”
“We, as the government, are working very closely on this issue and it should not be used politically to show that there is some kind of political connection. It is an issue that we are treating like any other case of abduction or disappearance of a person, and when we have answers, we will provide the government’s response,” emphasized Msando.
Unlawful Detention
Speaking to The Chanzo several legal experts have highlighted that the detention of Kombo by Police was itself a crime as the Police have failed to adhere to the basic tenets of the Tanzania law.
“This was unlawful”, said Advocate Jebra Kambole, “Section 32 of The Criminal Procedure Act provides that a suspect should be released or produced to court within twenty-four hours of arrest,” argued Advocate Kambole a popular lawyer known for several public interest litigations.
Kambole argued that Kombo had the right to contact his family members or his legal representatives, he had the right to bail, the right to be free, and other rights including the right to a fair hearing before the court as per article 13(6)(a) of the Tanzania constitution, the rights which were all violated by the Police.
“Proper arrest procedures were not followed; he was abducted by the people who took him. So, this is first unlawful detention but also a crime by the Police,” argued Advocate Alphonce Lusako, human rights lawyer.
“The lives of Tanzanians have become like those of chickens who can be picked up at any time by vultures, but this case is an eye-opener. We had thought these incidents were happening outside the security apparatus, and the Police were there to help, but today we have learned that he was taken by the Police, meaning there are criminals in the Police Force,” continued Lusako.
The incident comes weeks since 27-year-old, Edgar Mwakabela who was kidnapped in Dar es Salaam was found in Katavi on June 27, 2024, after his assailant had shot him in the head and left him for dead. Mwakabela says he was first taken to a workshop at the Oysterbay Police Station before being transferred to Katavi.
Responding to the issue, Dar es Salaam Special Zone Police Commander Jumanne Muliro said the Police are continuing with the investigation regarding the case.
