By Evarist Baimu Nyaga Mawalla - Home

Commissioners of songea district and Tunduru District qualify to be quashed byissuance of orders of certiorari.There was a question as to whether apart from the order issued to MohamedOmari PW 5 and Marked exh. P. 12 other documents namely exhibit P 2 issuedto Mohamed Ally Athumani PW 1 exhibit P.9 issued to because as alreadypointed to above the District Commissioner of Songea District had no jurisdictionat all to issue them/ likewise, the orders issued by the District Commissioner ofTunduru District in respect of Abdi Athumani and Saidi Ally requiring them toleave Tunduru District as undesirable persons on ro before 30 thjune 1987 arehereby brought into this court and quashed because the said Districtcommissioner of Tundureu had no jurisdiction to issue themThe evidence clearly shows that rrejection of business licence applaction ofMohamed Ally Athumani, Adam Hussein Athumani Shali Kombo Mohamed AllyAhmed Elmi Abdi and Mohamed Omari Ahmde by the Town Director SogneaTown council on the strength of the communication to him the sadi town directorSongea town council by the District Commissioner Songea District i.e. that noapplicant for a business licence that was a Somali or Mgunya be granted abusiness licence was clearly contrary to the provision of the Business LicenceingAct No.. 25 of 1972 and without jurisdiction. The licencing authority had abandonthe criteria set to it by Parliament in preference for standards that were based onrace and tribe. I need not emphasize the fact that this Republic has consistentlyand very l loudly and at times at great economic penalty to itself rejected takingoccasions on consideration of race or tribe in all its domestic and international438