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IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (MOROGORO SUB REGISTRY) AT MOROGORO CRIMINAL APPEAL NO.64 OF 2023 (Originating from Economic Case No.1 of 2022 in the District Court of Malinyi aat Malinyi) APPELLANT ABASI CHARLES SAWA VERSUS THE REPUBLIC RESPONDENT Date of Last Order:13.05.2024 Date of Judgement: 17.05.2024 JUDGEMENT ABASI CHARLES SAWA aggrieved with the decision of Maiinyi District Court in Economic Case No.l of 2022 (the triai Court) appeaied to this court armed with 5 grounds of appeai but for the reasons to be apparent in this judgement wiii not produce them herein. When this appeai was caiied on for hearing, the appeiiant was ready for hearing and the respondent was represented by Mr. John Mkonyi and Ms. Monica Matwe, iearned State Attorneys. However, considering the first ground of appeai which was on the competency of the consent and certificate issued by the Director of Pubiic Prosecutions before the hearing of the Economic case in the triai court, I invited the iearned State Attorney, this being a point of iaw to address this court if the said consent and certificate were properiy issued and the way forward. Ms. Matwe readiiy conceded that, indeed, the consent to prosecute the economic case and the certificate conferring the jurisdiction to the triai court issued by the Morogoro Regionai Prosecutions Officer were incurabiy defective and rendered the whoie triai and judgement of the triai court a nuii and void for faiiure to cite the provisions which create the offence which the appeiiant stood charged before the triai court. In support of the position, the iearned Attorney cited the case of Peter Kingoli Maliwa and 4 others Vs. Republic. Criminal Appeal No. 253 of 2020 CAT (Musoma) on Tanziii and Hassan Nassoro @ Almasi Vs. DPP, Criminal Appeal No. 312 of 2019 CAT(Sumbawanga)on Tanziii in which decisions, the highest Court of the iand, was ioud and dear that where consent and certificate aiiowing triai and conferring jurisdiction to subordinate court do not contain sections which created the offence in dispute are nuii and void as such render the whoie triai and resuitant judgement incompetent and vitiated for want of jurisdiction. However, the learned Attorney was quick to point out that under the circumstances, this court is to nullify the proceedings and judgement of the triai court and order retrial. Further guided by the same decision, Ms. Matwe argued that it is only when the evidence is wanting and for avoidance of filling the gaps that the Court can set the appellant free. In the circumstances of this appeal, how/ever, the learned Attorney argued that the evidence on record Is clear and no fear of filling gaps and urged this court to order retrial after nullifying the trail court proceedings and judgement The appellant being a layman had nothing useful to reply save that he prayed that this court set him free and allow him join his family. Indeed, as rightly noted and rightly conceded by the learned State Attorneys, no dispute that the certificate conferring jurisdiction to trial court and the consent to prosecute the Instant economic case were conspicuously and Incurably defective for failure to cite the provisions which created the offence the accused was charged. Consequently, as guided by the case of Peter Kingoli Maliwa and 4 others Vs. Republic (supra) above rendered the whole trial a nullity because was conducted without proper jurisdiction. Without much ado, the Instant appeal follows the same fate. On the foregoing reasons, I hereby under the provisions of section 44(l)(a) of the Magistrate Court's Act, Cap 11 R.E.2022 doth hereby exercise my revisional powers and nullify the entire proceedings when trial began without jurisdiction and quash and declare the judgement In the Economic Case No. 1 of 2022 a nullity. Next in this appeai is the way forward, Ms. Matwe prayed and urged this court to order retriai of the accused person because there is ampie evidence on record and no fiiling of gaps by prosecutions. The appeiiant on the other hand prayed that this court be pieased to set him free. I have had time to go through the record, and I did not find anywhere the prosecution wiii fiil in gaps. I have equaiiy considered the evidence on record, and if things remain the same, I found there is evidence to estabiish prima facie case. That said and done, I am constrained to order the retriai of the accused person in the Maiinyi District Court. For the interest of justice and for conveniences, the triai be expedited for the interest of justice. Order accordingiy. = Mc 2024 Dated at Morogoro this 17^ day S.M. MAGQIGA JUDGE 17/05/2024 COURT:This judgement deiivered under my Hand and Seai of this court in chambers this iT" day of May, 2024 in the presence of the appeiiant and Ms. Monica Matwe, learned State Attorney for the Republic. V SM AGOIGA JUDGE 17/05/2024 c COURT: Right of appeal fully ex| a g6^3RT^ -y. S.M. MAG IGA 2Z: LU JUDGE Vv* 17/05/2024