By Evarist Baimu Nyaga Mawalla - Home

jurisdiction to go wrong. Neither an error in fact nor an error in law will destroy hisjurisdiction. 22”And another example of the narrow approach is the decision of the former Chief Justiceof Tanzania Mr. Justice Saidi in Re Petition by Habel Kasenha. 23 By section 78 (2) ofthe Local Government Elections Act it was provided:“The proceedings of meeting of the District Executive Committee or any other organ ofthe Party which is held for the purpose of this Act, should not be subject to review in anycourt, either or by way of an election petition or otherwise.”The Chief Justice held that the jurisdiction of the court was ousted, apparently even if theelection was procured by fraud and collusion as those are the grounds upon which thepetitioner relied on in his petition. Our 1977 Constitution provides under Article 6 (5):“Where a person has been declared by the Electoral Commission to have been electedPresident, his election shall not be questioned in any court”Those who espouse the narrow approach would like to tell us that because of that ousterclause the Presidential election cannot be challenged in court.That is wrong.In the case of East African Railways Corporation vs. Anthony Sefu24 Mwakasendo, J.(as he then was ) took the narrow approach in arriving at the decision. In there section 16of the Public Service Commission Act, 1962 read:“The question whether any Commission has validly performed any function vested in itby this Act, shall not be enquired into in any court.”The judge held that the ouster clause ousted the jurisdiction of the High Court t inquireinto the validity of the decision to dismiss Anthony Sefu.22. At. P 187.23. (1967) E.A. 44524. (1972) HCD No. 220Taken by the East African Railway and Harbors Service Commission as the decision waswithin its jurisdiction. Even if the decision was procured by fraud, that school of thoughtargues that the commission has the right to go wrong or right within its jurisdiction.It is of interest to note here that on a similar ouster clause Kneeler, J. of the High Courtof Kenya in the case of Chite vs. E.A Community 25 decided to adopt the broad approach255