The High Court, presided over by Judge Abdi Shaaban Kagomba, has dismissed a petition challenging the 2025 Electoral Code of Conduct. In the ruling issued on July 11, 2025, the court states that only political parties, candidates, the government, and the National Electoral Commission are the primary stakeholders with the legal standing to contest the regulation.

The petition was filed by two citizens, Kumbusho Kagine and Bubelwa Kaiza, who had requested the court to temporarily suspend the implementation of the code until a full judicial review.

Represented by Advocate Mpale Mpoki and Jebra Kambole, the applicant tabled six reasons for their request before the court. First, they argued that the use of the words washiriki wa uchaguzi, translated to election participants in the preamble of the regulations, refers to the public. Second, they argued they are citizens of voting age, and have registered to vote; hence, they have a right to vote and be elected. Third, they argued they have the right to vote and be elected, that they may vie for electoral positions as candidates.

Fourth, they argued that they have an interest in a free and fair election in the country, and fifth, they argued that they have an interest in the Regulations as voters and also have an interest in voting for the candidates of their choice. The final argument is that they emphasized that the Regulations establish rights and responsibilities to candidates, members of political parties, and their followers, who may not be members, hence such responsibilities become a civic duty on every person as per Article 26(1) of the Constitution.

The National Electoral Commission and the Attorney General, who were the respondents in this matter, were represented by Principal State Attorney Mark Mulwambo, Erigh Rumisha, and Edwin Webiro. In their submission, the respondent argued that applicants are not stakeholders as per  the Presidential, Parliamentary and Chancellors’ Election Act. No. 1 of 2024, emphasizing that the only stakeholders are the Government, candidates, political parties, and the National Electoral Commission.

They also highlighted the variation of name in the voters ID of the applicants that Kumbusho Kagine name in the voters ID appears as Kumbusho D. Kagine, and Bubelwa Kaiza’s name in the voters’ ID appears as Bubelwa E. Kaiza, arguing that this challenges the applicant’s argument that they are registered voters.

They also argued that if the court were to temporarily halt the use of the Code of Conduct would make stakeholders operate in a vacuum, emphasizing that such an order would affect the public interest more than the applicants’ as resources have been mobilized and put in preparation for the elections.

In its ruling, the court argued that the applicants have not been able to convince the Court as to how they are sufficiently interested, citing that they are mere neighbors, and not the owners of the right to sue.

“Under subsection (1), the Act is categorical that the Code shall govern the ethical affairs of the political parties, Government and the 1st respondent (National Electoral Commission) during election campaigns and the election itself,” the Court Judgement reads.

“While I do not find the grounds advanced by the applicants to be trivial, and I think the same represent a serious, arguable case, the applicants have not been able, vide their affidavit, to convince this Court as to how they are sufficiently interested,” Judge Magomba argued.

“To say the least, one wonders where are the aggrieved stakeholders whose interest in the matter could, undoubtedly be recognized,” the court continued.

And added: “Without them being before the court, what is stated by the applicants in grounds 6.1, 6.2, 6.3, 6.4 and 6.5 of the statement is rendered vanity in view of the fact that the applicants are mere neighbours, and not the owners of the right to sue, as far as the law on this matter is concerned.

The court also argued that the argument of free and fair election can only be perceived as a remote and not insufficient interest in the matters raised.

Speaking to Haki TV, Advocate Jebra Kambole highlighted the reason for bringing the case before the court, arguing that they respect the decision of the court, but underscored that they will proceed with the appeal process.

Kambole said they went to court due to some issues in the regulation that hamper the electoral process. These include the National Electoral Commission’s argument that political parties that have not signed the code of conduct by April 12, 2025, will not be allowed to participate in any election until 2030. Kambole asked what if new parties will be formed.

Kambole also underscored that regulations are expected to be in play when candidates for the election have been nominated by the National Electoral Commission. Kambole also underscored that the code of conduct was signed before they were gazetted, citing that parties have signed a draft and not a law.

“We are not satisfied because we believe elections belong to the people—there is no election without the people. No one owns the election. The court has stated in this regulation that the applicants appear to be neighbors,” Kambole said. “We believe that the basis of this argument is not right. In an election, no one is a ‘neighbor’ in the process—maybe outsiders. A person who votes cannot be considered a ‘neighbor’ in the election process.”

Kambole emphasized that the regulation favors one side and significantly diminishes the power of the voter.

“So even though the court has made a ruling, we respect it, but we are also taking action. First, we will appeal this decision, but since the court believes that only political parties can bring such matters forward, we are in the process of identifying whether there are any parties willing to take legal steps so that we can support them,” Kambole emphasized.

The Electoral Code of Conduct remains one of the most contentious issues in the 2025 election. The National Electoral Commission has argued that political parties that have not signed the code by April 12, 2025, will be barred from participating in any election between 2025 and 2030. Tanzania’s main opposition party, CHADEMA, did not sign the registration on the said date.