DPP VERSUS ASHERY JONATHAN MWAKALEJA 2OTHERS
The Resident Magistrate’s Court acted without jurisdiction by invoking section 220(1) of the Criminal Procedure Act and ordering the committal of the accused to a mental health institution and requiring production of witness statements at the committal stage, as such powers are reserved for the trial court during trial. The proceedings and order dated 21/05/2024 are a nullity and must be quashed and set aside.
Source excerpt
- Insanity procedures
- Committal proceedings
- Jurisdiction of trial courts
- Revisionary powers