THE Kisutu Resident Magistrate’s Court has sentenced Nickson Mfoi (20), a resident of Mwanza to pay a fine of 10m/- or one-year imprisonment after he was convicted for impersonating President Samia Suluhu Hassan.
The judgment was delivered in court on Friday by the Principal Resident Magistrate Richard Kabate. The prosecution was represented by State Attorney Ashura Mnzava and defence side by Defence Attorney Mwanahami Kiloko.
Earlier, Mnzava told the court that the case came for hearing but before doing so, the accused asked the court to remind him of his charges and thereafter he pleaded guilty and he was convicted.
Delivering the judgment, Judge Kabate said he is penalising the accused by considering the seriousness of the offence together with the requirements of the law.
“Article 369(1) and article 75 of the Penal Code Law gives us a penalty of 12 months, because there is no option of a fine, we go to article 75. Second, the law is clear, the fine is not less than 6m/-,” said judge Kabate.
“If you look at the offence, the accused impersonated President Samia and the president is representing Tanzania, so we cannot take this offence lightly, the accused must be punished according to the law,” he said.
Judge Kabate sentenced the accused to pay a fine of 5m/- or 12 months’ imprisonment for the first offence and 5m/- fine or 12 months in jail for the second offence.
Before the judgment was delivered, the State Attorney Mnzava asked the court to issue a punishment in accordance with the law to serve as a lesson to other people following increasing online crimes.
On his part, the accused asked the court to jail him considering that it is his first offence and did not know the consequences of the crime.
According to the charge sheet, it was alleged that on September 22, 2021 in Tanzania, with the intention of fraud and deception Mfoi presented himself online as President Samia and obtained money for personal gains which is contrary to the law.
In the second charge, it was alleged that the defendant was found to own and use a telephone line owned by another person without informing the service provider, which he used to commit the first offence.
