Fundikira s/o Mbela Zenga vs Republic (Criminal Appeal No. 101 of 1998) [1999] TZHC 347 (9 August 1999)
Judgment
IN THE HIGH COURT OF Ti.NZiiNIA
1\T MBEYi,
CRI!,1IN,'.;L APP3.1L NO. 101 OF 1998
(Original Criminal C:1.se No. 144 of 1998 of the
District Court of ·chunya District at Chunya •
Before:
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N .M:~ iW3'e.tero.'· ~ S·enior· Distiiic-f,,'Magisb?ats·)'; ·" -~~:1 ::.,,',Lt.,1
FUNDIKIRll S /0 . MBEL\ ZJEl'lGil · ••• :· ; • -; ·; o
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AFFELL,:.NT .
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THE REPUBLIC ooooooooot)t10.00r.ooooo RF.SPONDENT
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J'UOOMENT
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This appeal is against sentence. Before the district court·of'
f"ibeya, the appellant, Fundikira s/ o Mbela Zeng, pladed · g1/i1 ty; to and'
he was convicted of, Being in unlawful possession of a firearm, contrary
to section 13 and 31 of the iU"ms and fl.ITlmuni tion Ordinance Cap. 223 as
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amended by ,:.ct No,. 2 of 1991 o Re was sentenced to seven years imprisonment
which aggrieved him, hence this appeal
The learned state attorney vho app9ared before me
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Mr~ Mulokozi;
submitted that the proceedings beforo Urn tr:i_al court were a· nullity
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and I respectfully agree with him, The offence was committed on 23,10~98
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and it involved. a home--made muzzle gun (gcbore). It would be re_call.ed
that section 65 of ,ct No. 9 of 1995 inadverent:)..y dele_t€d. Paragraph 20
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of the First Schedule to the Economic and. Organized Control i.ct Non 13
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of 1984, but ;,ct Noo 31 of 1997 assented to on 11, .. 1297 reintroduced i-s
as .grJ2!.1 '1.2_.. .~ct No. 31 of 1997 came info opPrat:i.on on 12,~2,97
(GN No. 50/97). S9 the offence charged. was an economic offence and the
relevant provisions of the law are 1-'a.rasraph 19 of the First Schedule to,
and section 59(2) of, ,·,ct No. 13 of 1984, as amended by ,icts No. 10 of
1989 and No. 3 of 1992, read together with sections 13(1) and. 31(2) of
Cap. 223.
In terms of sections 3(1) and 56(1) of ,·,ct N"oe 13 of 1984 an
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economic offence is triable by ti..: H:igh Cou<: ,,-_ :-- '. ec~:
Court.. For a court subordinate to t~:.J Rig'-, r-rt :.;o ,- ... ····
to try economic offence there must be a Cert:.Iic2.J.2 c.1.::.;,- ~ - · ·
of i\ct No. 13 of 1984, as well as his Conse~-t in terms
of the same Act. I agree with the J- rned , _._1.t0. .. ctc::-i".
was devoid of such Certificate and en.sent~ to ti.~ J.-o.,'" c'
in want of jurisdiction and the tr::.al was t' ·· ~ a : ·12.1~. ·-y,
I accordingly allow the appea~.
of the appellant from prison.
AT MBEYA.
9 August 1999.
For Appellant: Pres~nt in pc--:
For Republic: Yir. Mulokozi: s.
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