Dar es Salaam – The treason trial of CHADEMA national chairperson Tundu Lissu entered a decisive phase on Monday as the accused, representing himself, systematically dismantled the credibility of the state’s key police witness.
Lissu also managed to expose dozens of contradictions between his court testimony and his official police statement, forcing an admission that the witness had no evidence the accused committed the crime of treason.
The courtroom drama unfolded as Mr Lissu was granted his request to formally submit the witness’s police statement as evidence, a significant legal victory that paved the way for a brutal cross-examination focused on Inspector John Kaaya’s professional integrity and the foundation of the state’s case.
The session began with a ruling on a dispute from the previous Friday. The prosecution had objected to Mr Lissu using Inspector Kaaya’s written police statement to challenge his testimony, arguing procedural missteps.
The three-judge panel, led by Judge Ndunguru, delivered a swift ruling, dismissing the prosecution’s objection and admitting the document as Exhibit D1. This decision handed Lissu the weapon he needed for his cross-examination, transforming the dynamic in the courtroom.
READ MORE: Tundu Lissu Turns Tables, Grills Police Witness on Treason Law and Political History
With the statement now part of the court record, Mr Lissu launched a methodical and devastating attack. For hours, he took Inspector Kaaya through his testimony line by line, contrasting what he told the court with what he had written in his two-page police statement.
To nearly every point—from the year of his recruitment (2005 in court vs. 2006 in his statement) and the police colleges he attended, to his promotions, specialised cybercrime training, and the specific procedures he claimed to have followed in downloading the controversial video, Inspector Kaaya’s repeated answer was a deflating Hayapo (They are not there) or Sikuandika (I did not write it).
Lissu started by questioning the witness about his education journey. When Lissu asked the witness about his secondary education results, the prosecution objected, a move that the Judges sustained. It was noted that after the secondary education, the witness obtained an advanced diploma in refrigeration, air conditioning, and electrical installation and later on in 2019 he was able to earn a Bachelor of Laws from the Open University in Tanzania.
Other key revelations included:
- The witness confirmed that crucial details of his career progression and specialised training, which he elaborated on in court, were completely absent from his official statement.
- He admitted that his testimony about obtaining an 8GB XIOXIA flash drive, encrypting the video, and the chain of evidence handling were not documented.
- Under intense pressure, he struggled to explain why his 19-year career saw only one promotion after 15 years, a point Lissu used to question his competence and familiarity with police regulations (PGO).
Moving from the witness’s credibility to the substance of the charges, Lissu’s questioning exposed a critical weakness in the state’s argument:
READ MORE: Tundu Lissu Grills Police Witness as Treason Trial Cross-Examination Turns Fiery
Lissu: “You stated in your testimony that the video had ‘indicators of criminality.’ In your police statement, did you write that there was any crime of treason?”
Kaaya: “I did not write any crime.”
Lissu: “Did you write that there was the crime of publishing false information?”
Kaaya: “I did not write any crime at all.”
Lissu further pressed the witness, a self-proclaimed holder of a law degree (LL.B), to specify under which law the alleged statements constituted treason. Inspector Kaaya could not provide a coherent answer, repeatedly stating, “It depends on the investigation.”
In a dramatic climax, Lissu highlighted the absurdity of being the sole accused, noting that the video was broadcast by multiple media outlets like Jambo TV, Clouds Media, and Mwanzo TV.
Lissu: “So, all these people who published [the video], […] according to the law of treason, have participated in an act of treason. Are any of them accused? Or was your problem just that the Chairman should be in jail so he doesn’t bother ‘Mama’ [President Samia Suluhu Hassan]?”
The witness conceded he knew of no other accused persons.
After a full day of gruelling testimony that left the witness visibly fatigued and his credibility in tatters, the court adjourned at 5:00 PM.
READ MORE: Chaos and Legal Wrangling Mark Tundu Lissu Treason Trial Resumption
The trial was postponed until Wednesday, October 15, 2025, to observe Nyerere Day. Mr Lissu’s final words to the witness echoed in the courtroom: Shahidi nakusubiri sana kesho kutwa hiyo. (Witness, I am eagerly waiting for you the day after tomorrow.)
The stage is set for what promises to be a decisive continuation of the cross-examination.
