The High Court of Tanzania, Dodoma Zone, on Wednesday, July 3, 2025, heard a case challenging the Electoral Code of Conduct for the 2025 General Election filed by two citizens, Kumbusho Dawson Kagine and Bubelwa Kaiza.
The contested Electoral Code of Conduct for the 2025 General Election was signed on April 12, 2025, by the Independent Electoral Commission (INEC), the Government, and 18 political parties. One opposition party, CHADEMA, declined to sign.
Kumbusho and Bubelwa, represented by advocates Jebra Kambole, Mpale Mpoki, and Ibrahimu Mcharo, are opposing the legality and fairness of the Electoral Code of Conduct for the 2025 General Election. They argue that the code was signed before being officially published in the Government Gazette.
They also contest the penalties outlined in the code, stating they are biased. According to them, when electoral commission or government officials commit offenses, they are not punished as severely as political parties or their members.
Another key issue raised is the structure of the appeals committees and a clause that bars political parties from participating in election campaigns if their candidate is disqualified. The petitioners argue that this would deny voters the opportunity to campaign against an unopposed candidate in cases where only a “yes” or “no” vote is required.
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They further challenged statements made by the Chairperson of the Commission, Justice Jacobs Mwambegele, and the Director of Elections, Ramadhani Kailima, which indicated that any political party that refused to sign the code would not be allowed to participate in the election. The petitioners argue that such a stance is unconstitutional and infringes on political rights.
Speaking after the hearing, Advocate Kambole said the petition was brought before the court to seek permission to file a constitutional case, and also to request a temporary suspension of the enforcement of the regulations until the main case is heard.
He said the High Court, under Judge Abdi Kagomba, had listened to their arguments as well as the government’s preliminary objections. The court is expected to deliver a ruling on July 11, 2025, which will determine whether the case can proceed.
“If on July 11 the court upholds the preliminary objections, our case will be struck out,” said Advocate Kambole.
