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Tanzania decisions
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The High Court of Tanzania allowed a criminal appeal, holding that the prosecution had not proved abuse of position, property damage, or loss beyond reasonable doubt.
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…
Source excerpt
The High Court allowed a criminal appeal, quashed convictions for abuse of position, set aside fines and jail terms, and ordered refund of paid fines if lawfully held.
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.
The High Court acquitted the accused on all counts, finding the prosecution had not proved unlawful acquisition, improper discounts, or occasioning loss.
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