High Court permits ex-police corporal to challenge dismissal

DODOMA: THE High Court at the Dodoma Main Registry has permitted Police Corporal Brahim Nkanyila to contest the Inspector General of Police’s (IGP) decision regarding his dismissal from the Police Force.

Judge Upendo Madeha granted the application for judicial review filed by the former officer against the IGP and the Attorney General (AG), who are the respondents in the case.

“I conclude that the application has merit and the applicant is granted leave to seek judicial review within fourteen days from the date of this ruling to challenge the actions of the respondents,” she stated in a ruling delivered recently.

Before reaching her decision, the court evaluated whether the applicant had a valid case for judicial review and confirmed that he had filed the application within a reasonable timeframe.

The judge noted that the applicant specified the grounds for his application, including issues of unreasonableness and violations of natural justice principles.

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She further observed that the applicant clearly outlined the arguments he intends to present, which could form the basis for challenging the decision through judicial review.

Judge Madeha pointed out that leave for judicial review is typically granted only if the application is submitted within six months of the relevant proceedings, act, or omission.

“The applicant has adhered to this requirement, having filed the application within the six-month timeframe, specifically from March 12, 2024, when the contested decision was issued, to August 28, 2024, when this application was submitted,” she noted.

“Having considered the matter, I find that the contested decision to terminate the applicant’s service directly impacted him, thus giving him sufficient interest to pursue judicial review,” the judge concluded.

Corporal Nkanyila was employed by the Tanzania Police Force until his termination on June 5, 2023. He contended that his dismissal was unlawful and procedurally flawed, leading him to appeal to the IGP.

However, his appeal was unsuccessful and he was formally notified of this decision in a letter dated March 12, 2024.