19770725 TZHC Mwanza1

HIGH COURT OF TANZANIA APPEJ..L;-1.'rE JU!HSDICTION HIGH COURT CRIMINi\L Ai?l?EAL N0al2.5 OF 1977 tOriginal Criminal Case No.28 of 1977 of the District Court of Geita District at Geita before P.No Buberwa, esqo, District Magistrate) D,\UDI KA'l'ULA 0 0 0 0 0 0 o O o O O O O o. 0 0 0 0 0 O O O APPELLANT versus THE REPUBLIC 00004'.'0COOOOOOOOOOOOOOO RE.3PONDENT CHARGE: Corrupt transaction with an agent c/s 3(a)(iii) of the Corruption Act lfoo 16/71 of the Corruption Ordinance.

J U D G E M E N T MFALILA, J. The appellant was convicted of the offence of taking part in corrupt transaction with an agent contrary to section 3(a)(iii) of the Prevr~_r1tion of Corruption Act, 1971. He was sentenced to three years imprisonmento The facts of the case were straic;ht forward nncl even the appellant's defence at the trial did not seriously challenge them. On the day in question, P.C. Mauaa and his colleague as well as the complainant Kabadi in a differ,.:mt case went to the appellant's house for investi0ations. They found him in one of his shambas brewing the illeqal 11quor"commonly known as "Noshi". He was apprehended and taken to his house. He asked the Police Officers to allow him t,.) enter his house and change his clothes before proceeding to the Police Station. This he was allowed to do and when he came out, he had shs.400/- with him which he handed to P.C. Maunie'} telling him at the same time to for9ive him and let him free from the offence of manufacturing "moshi". He was promptly arrested and at the Police ~;ost, charged with this offence., In his defence, the appellant did not say much so that in the circumstances, the trial magistrate was right in accepting the prosecutor's version and convicting him. The appellant offered the shs.400/- b:.i P.C. t'ia1.ma corruptly for he wanted him to free him from the charc:e of manufacturing ''moshi".. In the result, the conviction w,:1s s,)und and as the sentence imposed was the minimum, this appeal is Gismissed. Delivered in Court at Mwanza this 25th day of July, 1977. ' (,.i).,A.--\J.· MWANZA L •. MFALILA 25TH JULY~ 12.7.z_ JUDGE