Shabani Kukuzimbi and Another vs John Mhagama (PC Criminal Appeal No. 2 of 2000) [2000] TZHC 146 (14 August 2000)

-,~ -;1 r ' .., IN '1'HE HIGH COURT OF TANZANIA (DAR :ES SALAAM DLS'.Il:UCT RIDISTitY ) AT Dful :EE S AIJU.M Fe CRJMINAL APPEAL NO. 2/2000 ( Orginating from District Co'Ul't of Kibaha :i.n Criminal Appeal No. L5/99 ) SHABAN I KIJKUZUMBI & ANOTHER •. o •••••••••• Versus JOHN MH!\G I'J.-JJ.f,. JUDGMENT APPLICANT REEPONDENT This petition of appeal has been filed by SH!-,BflU KD1:UZUMBI and UWN;U ABDALLA who are respective parents t'.)f Hussein Shabani ,Kassimu Shabani and Maulidi Uwesu who were convicted of stealing property valued at Tsh. 1,032, 30 The value of the stolen property was s~ established by the Primary Co'Ul't of Mkuza, Kibaha District. As the accused persons were found to be young persons below the e of eighteen years, the appellants being parents were ordered to pay compensation on behalf of the accued persons. The record of the proceedings in the Primary Court shows that SHAB,-NI KUKUZUMBI agreed to pay compe:Asation assessed at T.Shs. 66 1 200/= and UWESU ABDALLIIH agreed to pay Shs. '344, 100/= upon harvest of their cashnut in December 1999. It i~ further on record that their appeal to the District Court against the l'\rder of ci,mpensation was rejected by PoK.Lunyolele, HoM. In view of the fact that the appellants admitted to pe:y cmpensation on behalf of their child't'en, like the District Court below, their appeal ti'\ this court must fail and is accordingly dismissed fr lack of any merit. I t.d like tn point out that t:Jn.der Sectieln 21 ( 1) of the Children and Young Persons Ordinance Cap 1'3, a parent .-r guardian· of a convicted child.r young person may be ordered to pay fine, compensation or cots instead of such order being made as ogainst the child Qr young person. It follow therofore .from the :p.-sition of the law the order of the trial co'lll't, the Mkuza Primary Ceurt orderi..'lg compensation by the appellants as parents is hereby confirmed, Compensation should be paid in the Mkui,a Primary Court as ordered. Court: Right of appeal explP-.ined. S.Thema JUD3E ..... 11/8/2000 /'.; i r: IO / ·-- .... · ,.:,l, •, - \t .. - S. Ihema · JUDGE 1478~00