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The revisional proceedings arise from the High Court of Mbeya sitting
at Mbarali, in Criminal Sessions Case No.6 of 2013, (Chocha, J.).
The respondents were jointly charged of murder contrary to section
196 of the Penal Code. They were arraigned before the High Court. In the
course of conducting the trial, the presiding trial judge, (Chocha, J.),
realized that the respondents were never committed to the High Court for
trial, in terms of section 246 (1) of the Criminal Procedure Act, Cap 20
R.E.2002. There was no formal committal order on record issued by the
District Court of Mbarali at Rujewa (subordinate court), where the
respondents were arraigned pending trial before the High Court. The High
Court was therefore seized with the matter without jurisdiction. Having
noted the error, the presiding judge forwarded the Record of proceedings
to this Court for the same to be revised or for appropriate directions; hence
these revisional proceedings. |
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