Robert Simon Kisena

Robert Simon Kisena

The plea of autrefois acquit was not established because the previous case involved the extract resolution, while the current charges concern the minutes of the board of directors meeting, which are distinct documents. The elements of same facts and same offence were not satisfied.

Citation
Robert Simon Kisena
Parties
Prosecution: The Republic; Accused: Robert Simon Kisena; Accused: Charles Seleman Newe; Accused: Kulwa Simoni Kisena; Accused: Simon Logistics Group; Accused: Simon Group Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 November 2024
Procedural Posture
Criminal (economic and Corruption) / Ruling on Preliminary Objection (plea of Autrefois Acquit) Before Trial
Outcome
Preliminary objection (plea of autrefois acquit) dismissed; case to proceed to trial.
Legal Topics
Autrefois Acquit, Double Jeopardy, Forgery, Uttering False Documents, Money Laundering, Abuse of Process
Source Language
English
Criminal Law Economic Crimes Procedure Autrefois Acquit Double Jeopardy Forgery Uttering False Documents Money Laundering +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Robert Simon Kisena

Accused

Charles Seleman Newe

Accused

Kulwa Simoni Kisena

Accused

Simon Logistics Group

Accused

Simon Group Limited

Accused

Procedural Posture

Criminal (economic and Corruption) / Ruling on Preliminary Objection (plea of Autrefois Acquit) Before Trial

Legal Issues

  1. 1 Whether the plea of autrefois acquit is established for the second and third counts against the first accused
  2. 2 Whether the prosecution is precluded from proceeding with other counts if the plea is upheld

Ratio Decidendi

The plea of autrefois acquit was not established because the previous case involved the extract resolution, while the current charges concern the minutes of the board of directors meeting, which are distinct documents. The elements of same facts and same offence were not satisfied.

Court Disposition

Preliminary objection (plea of autrefois acquit) dismissed; case to proceed to trial.

Orders

  • Plea of autrefois acquit dismissed.
  • Case to proceed from its present stage.