Sadiyo Bajaj Trial Opens in Mogadishu Over Incitement, Defamation Charges

By Shire Abdi - Reporter

Mogadishu (Dawan Africa) – Banadir Regional Court will hear today the case against Sadiyo Moalim Ali Hassan, a tuk tuk driver widely known as Sadiyo Bajaj, after her case file was transferred to the judicial authorities, court officials told Dawan Africa.

Court officials said the hearing will not be broadcast live, and no video recording will be allowed. The move ends public plans to follow the proceedings through social media platforms.

The Office of the Attorney General previously said Sadiyo faces “public incitement” and “defamation” charges after investigative authorities referred her case. But office did not state what she allegedly said or wrote to prompt the charges.

Sadiyo’s case has drawn wide public attention, especially on social media, as she is one of the few female tuk-tuk drivers in Mogadishu. Her arrest and prosecution have sparked debate over freedom of expression, defamation, and how the law interprets “public incitement.”

Under the Somali Penal Code issued in 1962, the term “public incitement” is not directly stated in the code, but it is closely linked to provisions dealing with the protection of public order.

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Article 321 of the Penal Code, which deals with “incitement to disobedience,” states that a person who publicly encourages others not to comply with laws related to public order, or incites hatred between sections of society, may face imprisonment ranging from six months to five years.

If the charge relates to the spreading of false information or information that could cause public alarm, Article 328 may also be referenced. That provision carries a possible penalty of up to six months in prison or a fine.

On the issue of “defamation,” Article 452 states that a person who spreads statements or information damaging another person’s reputation may face imprisonment of up to one year or a fine, if the injured party requests legal action. If the alleged defamation is spread through the media or other public channels, the penalty may rise to between six months and three years in prison or a fine.

Legally, such charges will depend on the evidence presented by the prosecution, the defence submitted by Sadiyo’s lawyers, and how the court assesses whether the alleged acts meet the criminal provisions related to public order and personal reputation.