Tanzania Case Law

Petro Misana Judgment

Court

TANZLII

The consent to prosecute was invalid as it was issued by the Regional Prosecution Officer under section 26(1) EOCCA, a power solely vested in the DPP and non-delegable. The trial court therefore lacked jurisdiction, rendering the proceedings, conviction, and sentence a nullity. The defect is not curable under section 388 of the CPA. A retrial is ordered before a competent magistrate.

Source excerpt

• Embezzlement
• Misappropriation
• Abuse of position
• Jurisdiction
• Consent to prosecute
• Delegation of prosecutorial powers

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19790830 TZHC Dodoma

Court

TZHC

The High Court held that a state attorney needed written delegation from the DPP to enter nolle prosequi. Without it, the trial court could dismiss the charge.

• Nolle prosequi
• Delegation of prosecutorial powers
• Withdrawal of charges
• Court procedure
• Criminal-procedure
• Nolle-prosequi

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19790830 TZHC Dodoma 1

Court

TZHC

The High Court held that a state attorney could not withdraw charges without written delegation from the DPP under section 82 of the Criminal Procedure Code.

• Stealing by servant
• Withdrawal of charges
• Delegation of prosecutorial powers
• Criminal-procedure-code
• Withdrawal-of-charges
• Prosecutorial-powers

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