By Evarist Baimu Nyaga Mawalla - Home

In 1973 the applicant, Moses J. Mwakiboto, was appointed a Judge of the HighCourt of Tanzania. In April, 1991 he became the subject of inquiry by acommission of commonwealth judges appointed by the President under theprovisions of Art. 110 (6) (a) of the Constitution of the United Republic ofTanzania, 1977. Pursuant to the provisions of Art. 110 (6) (b) the Commissionwas required, after its inquiry, to report on its findings to the President and toadvise him whether the applicant ought to be removed from office.On 4 June the applicant received from the President’s Office a letter,F.3/33/310/390, dated 24 May and signed by the Principal Secretary(Establishments), which informed him, inter alia, that the Promidount had,pursuant to the provisions of Art. 110 (5), (6) and (7), “removed you from theoffice of a judge by retiring you in the public interest with effect from 13 May,1991. This letter is Annoxturo “A” to the applicant ‘s affidavit and will be so citedin this ruling.Upon receipt of Annexture “A”, the applicant wrote to various government officialseither questioning the constitutionality of his retirement in the pubic interest orcomplaining against the administrative measures being taken in theimplementation of the retiromount. Of interest here are Annoxtures “B” addressedto the Principal Secretary (Dotablishments) and “B2” addressed to the ChiefJustice. There is no evidence that these letters reached their addresses or, ifthey did they were replied to. However, the applicant had also addressed letters462