The High Court has allowed a case challenging a presidential commission set up to investigate post-election violence to move forward.
The decision was delivered on Thursday, December 18, 2025, by Deputy Registrar Mr Hussein Mushi, acting on behalf of Justice Hussein Mtembwa, who heard the matter.
The case was filed by petitioners who are questioning the legality of the presidential probe. They argue that the commission was formed without following proper legal and constitutional procedures. The petitioners want the court to review whether the President had the authority to establish the probe in the way it was done.
In their application, the petitioners claim the commission’s work could undermine justice and affect ongoing or future legal processes related to post-election violence. They also say the probe may interfere with the independence of other institutions mandated to investigate such matters.
On the other hand, lawyers representing the government had asked the court to dismiss the case, arguing that the presidential probe was lawful and formed in the public interest to establish truth, promote reconciliation, and prevent future violence.
After reviewing the submissions from both sides, the court ruled that the issues raised are serious and deserve to be fully heard. The judge noted that the case raises important constitutional questions that require proper judicial determination.
As a result, the High Court allowed the challenge to proceed to a full hearing, where both parties will present detailed arguments and evidence.
The ruling does not stop the work of the presidential probe for now, but it opens the door for the court to later decide whether the commission was legally constituted.
The case is expected to attract wide public attention, as it touches on accountability, rule of law, and how the country addresses post-election violence. The court will announce the next hearing date in due course.
