The High Court of Tanzania has overturned an arrest and extradition order against online activist Edger Mwakabela, popularly known as Sativa. The ruling was delivered on September 29, 2026, by High Court Judge Dafina Ndumbaro in Dar es Salaam. Sativa, who lives in Kenya, had been ordered to be arrested and extradited to Tanzania based on a charge alleging he published false information contrary to the Cybercrimes Act.
According to court records, the Director of Public Prosecutions (DPP) filed an ex parte application on November 28, 2025, supported by an affidavit sworn by Assistant Commissioner of Police (ACP) Wilson Mlowola. The application was accompanied by a charge alleging that Sativa had committed an offence. The court heard the application in Sativa's absence, with a Senior State Attorney submitting orally that the matter was urgent, although no written or electronic certificate of urgency was presented.
Sativa, represented by Advocate Jebra Kambole, had filed an appeal challenging the decision, proceedings, and orders issued by the Kisutu Resident Magistrate's Court. He raised 10 grounds of appeal, arguing that the lower court erred in law and fact by proceeding in his absence without giving reasons. Sativa also argued that he was not served with a summons and that the required procedure for serving him had not been followed.
Judge Ndumbaro ruled that the arrest warrant and directives seeking to have Sativa returned to Tanzania were invalid and had no legal force. The judge found that proceedings before the lower court had been conducted contrary to Section 14(1) of the Criminal Procedure Act (CPA), without legal authority under the Extradition Act, and on the basis of a defective affidavit.
The judge noted that the affidavit supporting the application did not state whether there was a pending case before the court to which Sativa would be brought to answer. Judge Ndumbaro also agreed that the affidavit contained incurable defects, including inconsistencies between the affidavit and the verification attached to it.
Judge Ndumbaro consequently quashed the entire proceedings in the criminal application and set aside all orders issued by the Kisutu court on the matter. The ruling marks a significant victory for Sativa, who had been facing potential extradition to Tanzania from Kenya.
The case highlights the importance of adhering to due process and the rule of law in Tanzania's judicial system. Sativa's case demonstrates the challenges faced by online activists and the need for robust protections for freedom of expression and human rights in the digital age.
Key points
- The High Court of Tanzania quashed an arrest and extradition order against online activist Edger Mwakabela, known as Sativa.
- The ruling was delivered on September 29, 2026, by High Court Judge Dafina Ndumbaro in Dar es Salaam.
- The judge found that proceedings before the lower court had been conducted contrary to Section 14(1) of the Criminal Procedure Act (CPA), without legal authority under the Extradition Act, and on the basis of a defective affidavit.
