20160905 TZCA Dar es salaam

20160905 TZCA Dar es salaam

The proceedings before both Rusema-PRM and Mchauru-PRM were fundamentally irregular and void due to non-compliance with section 192 of the Criminal Procedure Act and the lack of a specific transfer order for Mchauru-PRM. The Court exercised its revisionary powers to nullify and quash all related proceedings and directed that the case begin afresh at the preliminary hearing stage.

Citation
20160905 TZCA Dar es salaam
Parties
Appellant: Republic; Respondent: Peter Joktan @ Isinika @ Chinga; Respondent: John Peter @ Mikika Spencer
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 September 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal and Revision
Outcome
proceedings nullified and quashed; case to begin afresh at preliminary hearing stage
Legal Topics
Murder, Preliminary Hearing, Jurisdiction of Magistrates, Extended Jurisdiction, Procedural Irregularities, Revisionary Powers
Source Language
English
Criminal Law Criminal Procedure Murder Preliminary Hearing Jurisdiction of Magistrates Extended Jurisdiction Procedural Irregularities Revisionary Powers

Case Brief

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Parties

Republic

Appellant

Peter Joktan @ Isinika @ Chinga

Respondent

John Peter @ Mikika Spencer

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal and Revision

Legal Issues

  1. 1 Whether the preliminary hearing before Rusema-PRM was conducted in accordance with section 192 of the Criminal Procedure Act and related rules
  2. 2 Whether Mchauru-PRM had jurisdiction to take over and order a new preliminary hearing without a specific transfer order under section 256A of the Criminal Procedure Act
  3. 3 Whether the proceedings before both magistrates were fundamentally irregular and void

Ratio Decidendi

The proceedings before both Rusema-PRM and Mchauru-PRM were fundamentally irregular and void due to non-compliance with section 192 of the Criminal Procedure Act and the lack of a specific transfer order for Mchauru-PRM. The Court exercised its revisionary powers to nullify and quash all related proceedings and directed that the case begin afresh at the preliminary hearing stage.

Court Disposition

proceedings nullified and quashed; case to begin afresh at preliminary hearing stage

Orders

  • All preliminary hearing proceedings before Rusema-PRM (EJ) in Criminal Session Case No. 13 of 2014 are nullified, quashed, and set aside.
  • The order of adjournment pending trial is nullified, quashed, and set aside.