19730212 TZHC Mwanza

19730212 TZHC Mwanza

The appellant offered money to a public official with the intent to influence his official actions, which constitutes a corrupt transaction under the Prevention of Corruption Act. The trial magistrate was entitled to accept the prosecution's evidence, and the conviction was proper. However, the order of forfeiture of the money was not legally supported as the relevant statutory provision applies only to the recipient of a bribe, not the giver.

Citation
19730212 TZHC Mwanza
Parties
Appellant: Kabendechi s/o Igongo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 February 1973
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed except as to forfeiture order
Legal Topics
Corrupt Transactions With Agents, Bribery, Minimum Sentences, Forfeiture of Property
Source Language
English
Criminal Law Anti Corruption Corrupt Transactions With Agents Bribery Minimum Sentences Forfeiture of Property

Case Brief

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Parties

Kabendechi s/o Igongo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant gave money to a public official with corrupt intent
  2. 2 Whether the trial magistrate erred in accepting prosecution evidence
  3. 3 Whether the order of forfeiture of money was lawful

Ratio Decidendi

The appellant offered money to a public official with the intent to influence his official actions, which constitutes a corrupt transaction under the Prevention of Corruption Act. The trial magistrate was entitled to accept the prosecution's evidence, and the conviction was proper. However, the order of forfeiture of the money was not legally supported as the relevant statutory provision applies only to the recipient of a bribe, not the giver.

Court Disposition

Appeal dismissed except as to forfeiture order

Orders

  • Conviction and sentence of three years' imprisonment upheld
  • Order of forfeiture of Shs. 20/- set aside