Prosecution Seeks Stiff Sentence for Tundu Lissu in Incitement Case

The prosecution has urged the High Court of Tanzania, Dar es Salaam Sub-Registry, to impose a stiff sentence on CHADEMA Chairman Tundu Antiphas Lissu following his conviction for incitement, arguing that the punishment should serve as a warning to others against actions that could threaten national peace and stability.

The request was presented by Senior State Attorney Nassoro Katuga during submissions on sentencing, shortly after a three-judge panel convicted Lissu of incitement, replacing the original treason charge.

Citing Sections 339 and 390 of the Criminal Procedure Act (CPA), Katuga argued that the court had the authority to consider evidence and submissions relevant to determining an appropriate sentence.

He said criminal punishment should serve both as a deterrent to the convicted person and as a warning to individuals or groups who might consider engaging in similar offences.

Although acknowledging that Lissu had no previous criminal record, the prosecution maintained that this should not prevent the court from imposing a severe penalty.

Katuga further referred to recent police reports which, according to his submissions, indicated an increase in incitement-related offences involving calls for unlawful actions and activities that could undermine public peace. He argued that such conduct could result in loss of life and significant economic damage.

The state attorney also referred to a report by former Chief Justice Mohamed Chande Othman concerning the events and unrest of October 29, which documented deaths, property destruction and other consequences.

He urged the court to consider the alleged impact of statements attributed to Lissu, including calls to “stop the election,” “make things difficult” and encourage rebellion, arguing that they were connected to the disruption and violence witnessed on October 29.

On the applicable penalties, Katuga argued that while Section 390 of the CPA establishes the offence, Section 35 of the Penal Code provides for a possible prison sentence of up to five years.

Meanwhile, Lissu appealed to the court to consider his family circumstances when determining his sentence, revealing that his elder brother, Advocate Alute Lissu Mughwai, had died on November 1, 2026.

Lissu told the judges that his brother had played a significant role in raising and shaping him, adding that he had hoped the court would consider his need to attend the funeral.

He expressed deep sorrow over being unable to care for his brother during his illness and asked the court to allow him to fulfil his family responsibilities by attending the burial.

The court is expected to consider submissions from both sides before determining the appropriate sentence.