Selina Kokutona Ruling
The committal proceedings were fatally defective due to non-compliance with Section 246(2) of the Criminal Procedure Act and conflict of interest between accused persons, necessitating recommittal and separate legal representation.
- Citation
- Selina Kokutona Ruling
- Parties
- Prosecution: The Republic; Accused: Selina Kokutona @ Crospery; Accused: Another (unnamed)
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 11 February 2025
- Procedural Posture
- Criminal Session Case / Preliminary Hearing
- Outcome
- Committal proceedings nullified; recommittal ordered; adjournment granted
- Legal Topics
- Committal Proceedings, Conflict of Interest, Compliance With Criminal Procedure Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Selina Kokutona @ Crospery
Accused
Another (unnamed)
Accused
Procedural Posture
Criminal Session Case / Preliminary Hearing
Legal Issues
- 1 Non-compliance with Section 246(2) of the Criminal Procedure Act
- 2 Conflict of interest between accused persons
Ratio Decidendi
The committal proceedings were fatally defective due to non-compliance with Section 246(2) of the Criminal Procedure Act and conflict of interest between accused persons, necessitating recommittal and separate legal representation.
Court Disposition
Committal proceedings nullified; recommittal ordered; adjournment granted
Orders
- Adjournment of hearing granted
- Committal proceedings by Bukoba District Court nullified and expunged
Full Case Text
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