The High Court held that the first and second defendants unlawfully denied access to a hunting block, and awarded general damages for false imprisonment and denial of access.
The appellant, as manager and an active participant in the decision and implementation of the purchase of a vehicle at a price far exceeding the amount approved by the Annual General Meeting and without the Registrar's approval, abused his office and occasioned loss to the cooperative society. The trial magistrate properly considered the appellant's defence and the prosecution proved its case beyond reasonable doubt.
The prosecution failed to prove beyond reasonable doubt that the first respondent conducted business of selling cars at ZBC premises or evaded tax, and failed to prove abuse of office as the second count depended on the first; suspicion alone is insufficient for conviction.
The High Court upheld the dismissal of eight NMB employees, finding they had conducted unauthorized staff opinion surveys after union consultations had closed.
The appellants exceeded their authority by purchasing a vehicle for an amount far above the AGM-approved budget, using funds intended for other purposes, without proper approval, thereby abusing office and occasioning loss to the specified authority. The prosecution proved both offences beyond reasonable doubt. Allegations of prosecutorial impartiality were not substantiated and were raised only on appeal.
The use of 'interests' instead of 'rights' in the charge sheet did not fatally prejudice the appellants or occasion a miscarriage of justice, as they were able to mount a full defence. The offences of abuse of office and occasioning loss, as charged, resulted in double jeopardy for the 2nd appellant on count 11, and his conviction thereon was quashed. The sentence of three years for abuse of office was unlawful and substituted with two years. The convictions on other counts were upheld as the evidence established the appellants' participation and disregard of procurement and tax exemption pro…
The High Court upheld a conviction for abuse of office arising from unauthorized project changes at the Bank of Tanzania and affirmed a two-year jail term.
The High Court upheld Amatus Joachimu Liyumba’s conviction for abuse of office over unauthorized BOT project changes and affirmed the two-year custodial sentence.
The High Court allowed a criminal appeal, quashing Sabina Kibaki’s convictions for stealing by public servant and occasioning loss to a specified authority.