Description
IBRAHIMU PIUS KAGANSHA AND GILBERT G. MAHUMBA V. BERA KARUMBA AND KIGOMA/UJIJI MUNICIPAL COUNCIL, HIGH COURT, KIGOMA, 2022
Use of Kiswahili in court proceedings, use of Kiswahili ni pleadings, filing pleadings in Kiswahili, introduction of Kiswahili, Written Laws (Miscellaneous Amendments) Act No. 1 of 2021, Kiswahili translation of pleadings.
- Introduction of Kiswahili in courts was done through the Written Laws (Miscellaneous Amendments) Act No. 1 of 2021. The Act came into effect on 9/7/2021 – GN 4961/2021, published on 30/06/2021 (p.4).
- The Interpretation of Laws (Use of English Language in Courts) (Circumstances and Conditions) Rules apply widely from the Court of Appeal downwards, including tribunals (p. 7).
- There is nowhere written that pleadings shall be filed in Kiswahili (p. 9).
- Where a party has filed a memorandum of appeal or a chamber application in English, he is bound to attach to it a Kiswahili translation on it otherwise his pleadings will be found to be improperly before the court and be struck out (p. 9).
- There is nowhere written that as from 9/7/2021 when the amendments took effect, the parties should now file pleadings in Kiswahili and use it alone (p. 10).
- There is no mandatory requirement to use Kiswahili in court. The law and the rules are flexible. They are designed to take is to the use of Kiswahili in court. We are not there yet. We are still on the beginning of the road. A lot has to be done for the statutes, books and law reports are still in English (p. 10).
- As for now, we must proceed to file our pleadings in English with their Kiswahili translation until such time when the laws, books and law reports will have been available in Kiswahili (p. 10).
- An appeal filed in Kiswahili was struck out.
