The High Court Tabora Zone yesterday threw out an application by former Chama Cha Mapinduzi (CCM) candidate for Muhabwe constituency, Jamali Abdala Tamili, who had asked the court to nullify the results of the 2010 parliamentary election of NCCR-Mageuzi Member of Parliament (MP) Felix Mkosamali.
In his judgment, which took four hours, High Court Judge Ashieli Sumari said the court was not satisfied by prosecution witnesses that Mkomali, who was the first respondent, had breached electoral regulations by uttering defamatory remarks during election campaigns.
The petitioner had alleged that Mkomali attacked his personality, his skin colour as well as alleging that he was implicated in albino killings and human trafficking.
Tamali alleged that Mkosamali told the Catholic Church in the constituency to tell their followers not to vote for Jamali on grounds that he was not a Catholic. According to Jamali, such utterances tarnished his image before the eyes of the electorate, causing him to lose some votes during the election.
Mkomali was represented by defence counsel Dr Boke Murungu and Raymond Kabuguzi, while Jamali was represented by counsel George Harson.
Tamali was not present in the court and his lawyer could not say whether his client would appeal against the ruling or not saying he needed time to consult his client.
Mkomali, however, said he was satisfied with the ruling saying justice had been done. He promised residents who were gathered outside the court that he would continue fighting against human traffickers and other people involved in inhuman activities in the constituency.
Tamali applied to the court to nullify the results in November 2010 and the first hearing of the case was on March 19, 2011.