The High Court has approved Special Seats MP Halima Mdee and 18 others to file a counterclaim against the expulsion of their CHADEMA membership after the court agreed with five arguments stated by Halima and 18 others.

Similarly, it has given Mdee and his colleagues 14 days to file the case as required by law, with party leaders insisting they wait for them to fight in court.

The presiding Judge Mustapha Ismail of the court handed down the decision yesterday after reviewing the five legal arguments of the petitioners (Mdee and colleagues), the petitioner (CHADEMA) and the views of the State Attorney, Stanley Kalokola.

Judge Ismail said he had agreed with all five petitioners’ arguments that the petitions were filed within the legal time frame.

He said the applications they filed show that there is something controversial and also show the broad interest of applicants.

He also said the petitioners sought their rights within CHADEMA.
Mdee and his colleagues filed a lawsuit against the CHADEMA Board of Trustees, the National Electoral Commission (NEC) and the Attorney General (AG).

Upon leaving the court, CHADEMA’s lawyer, Peter Kibatala, said they agreed with the court’s decision and had no plans to appeal as it would benefit petitioners.

The applicants’ lawyer, Edson Kilatu, said they were waiting for a copy of the decision to begin the process of filing an early case.

CHADEMA Secretary-General, John Mnyika, said they disagreed with the court’s decision on what he claimed was not a fair decision.
He said since they could not appeal the action, they would fight in the future to seek justice.

He said they are ready to continue the struggle until justice is served legally, there will be less than 90 days to hear the case, and they believe justice will be done.