republic vs sebas peter mbuya another 2022 tzhc 15008 30 november 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM CRIMINAL SESSION CASE NO. 59 OF 2016

REPUBLIC

VERSUS 1stSEBAS PETER MBUYA 2nd THOMAS EMILY MAGOMBA

PROCEEDINGS () 22/11/2022 Coram: L. Mansoor ,J Cc: Justar 1st Accused Absent 2nd Accused Absent For the State : Beata Kittau, Senior State Attorney Subira Mwalumuli Senior State Attorney, Order: Plea hearing on 30/11/2022. Accused persons and their representatives be summoned to appear. Sgd: L. Mansoor Judge 22/11/2022 1 30/11/2022 Coram: L. Mansoor ,J e Cc: Justar 1st Accused : Present 2nd Accused : Present Republic: Nura Manja State Attorney. Present for the Accused: Chrisphord Yosiah Nkwama, a relative of Sebas Peter Mbuya the 2nd accused appeared unrepresented and with no relatives. ( ) Nura Manja State Attorney: The case is for plea hearing. We pray to register the Plea Bargaining Agreement under section 194(D) (i) of Criminal Procedure Act, Cape 20 R.E.

2022. We are ready. Court: Before the registration of the Plea Bargaining Agreement, the Court asks the accused persons if they entered into the Plea Bargaining Agreement freely and voluntarily, they say. 2 1st Accused: I entered into the agreement freely and voluntary, with no force, coersion or torture. (Signed) Accused 2nd Accused: I entered into the Plea Bargaining Agreement freely and voluntarily with no force, coersion or torture. (Signed) Accused Court: The Plea Bargaining Agreement entered by the accused persons () Sebas Peter Mbuya and Thomas Emily Magomba on one part, and the Republic on the other part, is hereby registered. The Agreement shall be binding upon the prosecution and the accused persons, and the Agreement shall become part of the records of the court. Sgd: L. Mansoor Judge 30/11/2022 Court: The accused persons are placed under oath and they swear that they shall speak the truth and all truth. Sgd: L. Mansoor Judge 30/11/2022 3 Court: Informs the accused persons of their rights as provided in section • 194( E) of Criminal Procedure Act, Cap 20 R.E. 2022, that; i. By accepting the Plea Agreement they are waiving their rights to full trial. ii. By entering into Plea Bargain Agreement, they are waiving their rights to appeal except as to the extent and legality of the sentence, and iii. The prosecution has the right, in the case of prosecution for perjury (

) or false statement, to use all statements that you gave in the agreement against you. 1st Accused - I understood my rights. (Signed) Accused 2nd Accused - I understand my right (Signed) Accused Sgd: L. Mansoor Judge 30/11/2022 Court: The charge is read over to the accused persons in Kiswahili language and they are required to plead thereto. 4 r I 1st Accused: Ndio ni kweli- it is true • 2nd Accused; Ni kweli - It is true Court: Entered a plea of guilty to the charge. Sgd: L. Mansoor Judge 30/11/2022 Court: Asks the prosecution to read out aloud in Kiswahili language the fats forming the basis of the Plea Bargaining Agreement. () Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: We have prepared the written facts, we pray that they be adopted to form part of the proceedings. Court: Facts filed by the prosecution today on 30/11/2022, forming the basis for recording the Plea Bargaining Agreement are adopted to form part of court's records, the same are read over to the accused persons in Kiswahili language. Sgd: L. Mansoor Judge 30/11/2022 5 Court: Asks the accused persons, if the facts read over are correct, they say. • 1st Accused: They are correct 2nd Accused: They are correct. Court: The court is satisfied that as per section 194(F) (C) of Criminal Procedure Act, the case qualifies for plea bargaining. Sgd: L. Mansoor Judge 30/11/2022 ( ) Court: The Agreement is

signed in the presence of the Court by the 1st Accused person, one SEBAS PETER MBUYA in the presence of his relative one Chrisphord Yosiah Nkwama, and by the 2nd Accused, THOMAS EMILY MAGUMBA, who is unrepresented, also by Ms Nura Manja, the State Attorney representing the Republic, this 30th day of November, 2022. Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: We pray to tender the certificate of seizure, the report of the Chief Government Chemist, the certificate of value, and the Vehicle Registration of Noah, Registration No. T773 AZB. That is all. 1st Accused - No objection 6 2nd Accused - No objection. Court: The Certificate of Seizure dated 2/12/2014 for seizing 12 bags of bangi and a Vehicle Make Noah with Reg No. T773AZB, the Report from the Chief Government Chemistry dated 16/01/2015, the Certificate of value of Narcotic Drug and Phychotropic Substances dated 11/3/2015; and the Vehicle Registration Card No. 6196361 for a car Make Noah with Reg No. T773AZB are admitted as evidence and marked as exhibit Pi, P2, P3 and P4 respectively. ( ) Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: We pray to tender the Motor Vehicle Make Noah with Reg NO. T773AZB as exhibit. The car/vehicle is grounded but it is here in court today having brought by a breakdown. 1st Accused - No objection. 2nd Accused: No objection. 7 Court: The Vehicle, Make Noah with Reg

No. T773AZB (grounded), is hereby admitted as exhibit and Marked as Exhibit PS. • Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: I pray to tender the 12 bags ( Magunia) of bangi as exhibit. 1st Accused - No objection 2nd Accused - No objection. Court: 12 bags (Magunia) carrying substances known as Canabis Sativa commonly known as Bangi weighing 226. 37 Kilograms valued at Tshs 22, 637,000 are hereby received as evidence and marked as Exhibit P6. Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: That is all. Sgd: L. Mansoor Judge 30/11/2022 8 Court e The court has accepted the Plea Agreement and hereby records it, consequently the accused persons SESAS PETER MSUVA and THOMAS EMILY MAGOMSA are hereby convicted of the offence of Trafficking in Narcotic Drug contrary to section 16( 1) (b) (i) of the Drugs and Prevention of Illicit Traffic in Drugs Act, Cap 95 R.E. 2002) as Amended by Written Laws (Misc Amendment No.2) Act No.2. of 2012, on their own plea of guilty. (~ Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: The 1st accused has already paid Tshs 5,000,000 as evidenced by the Receipt No. 288 13387 dated 28/10/2022. Court: Noted and saw the receipt and shall accept it as Exhibit P7. Sgd: L. Mansoor Judge 30/11/2022 9

SENTENCE e The 1st offender is hereby discharged of the offence of trafficking in Narcotic Drugs contrary to section 16( 1) (b) (i) of the Drugs and Prevention of Illicit Drugs Act, Cap 95 R.E. 2002, as amended, on condition that he shall commit no offence within the period of 12 months from the date of this Order. The court noted that of i= offender SEBAS PETER MBUYA has agreed to pay compensation to the Government an amount of Tzs 7000,000 and has already paid Tzs 5,000,000/= via receipt (Exhit P7) and the ( , remaining Tzs 2000,000/= shall be paid on or before 1 March 2023. The 1st offender shall be released from remand custody, unless he is held for any other lawful cause. As agreed in the Agreement, The 2nd offender Thomas Emily Magomba shall pay a fine of Tshs Seven Million, (Tzs 7000, OOO)andin default he shall serve a term of Three (3) years fail imprisonment. Sgd: L. Mansoor Judge 30/11/2022 Ms Nura Manja State Attorney: On behalf of the Government, we pray for destruction of 12 bags of bangi and we pray that they should be kept in the custody of ADU until they are destroyed. 10 Court: 12 bags of bangi weighing 226.37 Kilogram received in court as Exhibit P6 shall be stored at Drug and Enforcement Unit (ADU) under the supervision and care of the officers of ADU. The court orders that the 12 bags of bangi shall be destroyed by ADU, but on the day of destruction the following officers must be present.

1. The Registrar of the High Court 2. State Attorney from the NPS office.

3. An officer from the Chief Government Chemist Office. ( , 4. Accused person( option) The officer of ADU shall give 14 days' notice of intention to destroy exhibit P6 to the officers mentioned hereabove. Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: Under section 351 of Criminal Procedure Act, Cap 20 R.E. 2022, we pray for forfeiture of Motor Vehicle No. T773AZB Make Noah. 1st Accused: No objection 2nd Accused: No objection. 11 Court: The Motor Vehicle Make Noah with Reg. No. T773AZB is hereby forfeited to the Government under Section 351 of Criminal Procedure Act Cap 20 R.E.

2002. Sgd: L. Mansoor Judge 30/11/2022 Nura Manja State Attorney: That is all. Court: Rests of the exhibit received shall be stored in the court exhibit room until they are disposed of. L. Mansoor Judge 30/11/2022 12