The treason trial of CHADEMA national chairperson Tundu Lissu appeared to be on the brink of collapse after the defense successfully dismantled the credibility of the prosecution’s key forensic witness. The witness’s court testimony was found to have glaring contradictions with his original police statement.
Lissu, in a light note to his supporters in the courtroom, assured them of his freedom, which, according to him, is very soon.
”Kuanzia sasa, nakaa gerezani kwa sababu ya uchaguzi tu! Kesi imekwisha hapa”, (From now, I’m in prison because of the upcoming election; otherwise, this case is over).
The court delivered a significant blow to the prosecution by rejecting the witness’s 11-page forensic report. The judges ruled that Inspector Samwel Kaaya, who was gazetted specifically for “photographic prints and enlargements,” exceeded his legal mandate by submitting a report instead of a certificate as required by the Criminal Procedure Act.
“We do not agree with Mr. Mrema that there is a trap and we are not ready to enter the trap he gave us,” the court stated. “This witness does not have the power to tender this report; he should have tendered a CERTIFICATE.”
With the prosecution’s forensic report rejected, Lissu’s defense team cross-examined the witness, highlighting numerous discrepancies between his testimony and the police statement. The witness was forced to admit that crucial details were absent from his statement, including his educational background, specialized training, and critical aspects of the forensic process.
When questioned about the omissions, the witness weakly explained that his police statement was merely a “summary.” Lissu seized the opportunity to drive home his point, using classic Swahili proverbs to illustrate the witness’s lack of credibility.
“Maneno matupu hayavunji mfupa” (Empty words do not break bones), “mkono mtupu haulambwi” (A bare hand is not licked), and “Mali bila daftari hupotea bila habari” (Property without a ledger is lost without a trace) – when the witness admitted he hadn’t heard these sayings, Lissu quipped, “Then you should know that your words here in court have been lost without a trace.” The gallery erupted in laughter.
After the cross-examination, the prosecution requested an adjournment, sparking speculation about the future of their case. Lissu, however, was confident that the state’s case had been defeated. “From today,” he declared, “I will only remain in jail because of the October 29 election. This case is finished.”
