‼️HABARI MBAYA‼️
Usiku wa kuamkia leo yanetokea Mauaji ya mlinzi wa Mgahawa wa Shishi Food ambayo yamefanyika jana usiku lakini sijui kwanini Mauaji hayo yanafanywa siri hawataki watu wajue
Mliokaribu na Shilole muulizeni kwanin hataki watu wajue kuhusu tukio hili.???
SAD: Ugandan bus driver Muwenda Edward was killed by a Houthi missile at Riyadh Airport in Saudi Arabia. If anyone knows his family, please pass on the news. Rest in peace, hustler.
Benki za bongo unakuta madirisha ya kutoa huduma yapo matano ila yanahudumia mawili, moja lina mwanamke ana kiburi halafu anajisikia saana na la pili linakuwa na mwanaume ambae kazi yake ni kuingia na kutoka 😂😂🙌
#UPDATES_ON_THE_TREASON_CASE - English
Yesterday, September 25, 2026
Last time, we stopped at Part 458, so today we continue with Part 459.
The three Judges have entered as usual.
Chairman Lissu has also entered.
The Government lawyers were very late in entering the Court and came in at the same time as the Judges.
Chairman Lissu is up there arranging his things, while the Judges are also preparing themselves and observing what Chairman Lissu is doing so that we can proceed.
Justice Ndunguru: Clerk.
The Clerk stands up and reads the case number: “Republic vs Tundu Lissu.”
Nassoro Katuga stands up and introduces his colleagues: Mrema, Ignas, Thawabu, Cathbert and Winniwa.
The accused person is representing himself.
The accused person is asked whether he is ready, and he says he is ready.
Hon. Lissu says: I have been in prison for a whole year and I am defending myself. I have repeatedly complained that I am losing a great deal of time, yet I am forced to prepare my Final Submission on my own. This is work that I was supposed to do in one month, but you are giving me five days. It is impossible.
So today I am not going to proceed to Issue Six. I have to go back a little and add some important things. I have no choice.
Now, I ask to go back to the issue of the words.
Why did the Court of Appeal, in Khatib Gandhi, at pages 55 and 67, say that mere words do not constitute the offence of treason?
‘Mere words do not constitute treason under Section 39(2)(d) of the Penal Code.’
The Court said so because it was aware of the history of treason in this country.
It knew the history of our law relating to treason. I will not spend three hours on this.
Our Penal Code was enacted in 1930, and our law was directly derived from England, which was ruling us at that time.
One year earlier, in 1929, the British Parliament proposed criminal laws for Tanganyika, Kenya, Uganda and Nyasaland, modern-day Malawi.
They proposed a principal criminal law for all those countries, and that is how the Penal Code was enacted in 1930.
It was based on a draft and recommendations from Westminster, the British Parliament.
The provisions relating to treason were taken from the English Treason Felony Act of 1848.
That English law contained the provision on the manifestation of intention, which stated that a person could manifest such intention ‘by writing or printing or by openly advising, speaking, or by any overt act or deed.’
Therefore, the English law of 1848 had provided for treason by speaking or by words.
However, the provision that allowed words to constitute the offence of treason was subject to a time limitation. Section 4 of that Act provided that the provision would apply for only two years.
After 1850, it ceased to operate. The use of words as a basis for convicting a person of treason ceased in that year.
In 1891, that provision was amended by repealing the words ‘by openly advising, speaking.’ Those words were removed from the provision.
The repealing Act was the Statute Law Revision Act of 1891, enacted by the Westminster Parliament.
From that time to this day, English law on treason has been couched in exactly the same terms as those provided under Section 39(2) of the Penal Code.
Our Penal Code was enacted in 1930 under the direction of the British Government. The direction was to apply the law of treason in the same way as it existed.
Since English law had already abolished treason by words, that is why our law on treason has never contained treason by words.
That is why the late Chief Justice Francis Nyalali said in Khatib Gandhi that mere words do not constitute an overt act of treason. The Chief Justice knew and understood where this law came from and how it operated.
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“Wanaosema nifungwe waambieni Katika historia hakuna shujaa yeyote anayeitwa shujaa ambae hajaonja kifungo au mambo tunayopitia. Hilo sio taji la miba ni taji la dhahabu. It is only reserved to kwa watu wa maana.”-; Mhe. @TunduALissu
September 23, 2026.