DRC citizen arraigned in court for illegal stay

DEMOCRATIC Republic of the Congo (DRC) citizen Fabrice Luhumba has been arraigned before the Kisutu Resident Magistrates Court, facing four charges, including entering and living in the country illegally.

In a similar vein, a Tanzanian citizen, Humphrey Moyo, was also brought before the court as an accomplice, who helped the first accused (Luhumba) provide false documents in order to obtain a Tanzanian national identity card.

Before the Principal Resident Magistrate, Amiri Msumi, and the State Attorney, Godfrey Ngwijo, the duo denied all the charges.

Prosecuting, Ngwijo claimed that in the first charge, it is alleged that on August 2nd, this year, Luhumba, being a citizen of the DRC, in the Ilala immigration office in Dar es Salaam was found to have entered and lived in the country illegally.

The court also heard that in the second charge, it is alleged that on similar dates and location, the accused being a Congolese citizen, was found to have made a false declaration regarding his personal particulars and nationality to an immigration officer to obtain a Tanzanian national identity card, while knowing that doing so, amounted to an offence.

In the third charge, it is alleged that on an unknown date, Luhumba intentionally and unlawfully provided false information with the aim of obtaining a Tanzanian National Identity Card and succeeded in obtaining the document.

dvocate Ngwijo also claimed that in the fourth charge, it is alleged that on the aforementioned date at the Ilala immigration offices, the second accused (Moyo) was found to have helped Luhumba provide false documents in order to obtain a Tanzanian National Identity Card.

However, Ngwijo requested a new date to read the preliminary hearing to the accused, claiming that investigation into the case had been completed.

The accused were released on bail after meeting the conditions of having two sureties and signing a bond of 1m/- each. The case was adjourned until August 10, this year.

Meanwhile, the Kisutu Resident Magistrates’ Court in Dar es Salaam has sentenced a Malawian national, Paul James (56), to serve three years in prison or to pay a fine of 500,000/- for each offence of illegal entry and stay in Tanzania.

Principal Resident Magistrate Amiri Msumi reached the decision after convicting him over the two offences that are contrary to Sections 45 (1) (i) and (2), as well as Sections 45 (1) (b) and (2) of the Immigration Act [Cap 54 RE 2016].

He directed the Immigration Department to enforce the court’s order immediately to serve as a lesson to other people who might be tempted to commit similar offences.

Earlier before the ruling, the accused pleaded with the court to lessen his punishment because he has a family with no stable employment.

According to the prosecution, led by the State Attorney, Godfrey Ngwijo, in the first count on August 2nd, this year, the convict, being a citizen of Malawi, entered the country against the immigration law, knowing that doing so amounted to an offence.

On the second count, it is alleged that on similar dates, in Ilala District in Dar es Salaam, James was found to have been unlawfully residing in Tanzania without having a valid passport bearing a valid visa or any other document authorising him to do so.

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