The Republic..Appli Vs Nelson..Respo Crim Rev. No.4 Of 2015 Bhon.Oriyo,J.A
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CAT-DAR ES SALAAM
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THE REPUBLIC(App)
Vs
l.NELSON MBALANJI
2.NKUMBUSHE MWALYEGO
3.ISIKIKA OEULE
4.MASHAKA NOOLA(Res)
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.
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.
Keywords
Murder