Abilah Hassani Mfaume versus the Republic - No. 02 of 2008

Territorial subdivision
Seat of court
Mtwara
Court jurisdiction
Date of opinion
2010
Abstract

The appellant was found in possession of a weighing scale while drying meat identified by the witnesses using their experience to be that of a zebra. There was no skin or head to support such claim. The appellant denied that the meat was zebras claiming it to be of hartebeest which was hunted under permit of a friend not present at the crime scene. The appellant was convicted for the counts charged and sentenced to twenty years imprisonment. He appealed on the ground that he was not given the right to call witnesses which breached natural justice rules. The Court allowed the appeal, quashed the conviction and set aside the sentence. The judge ordered the immediate release of the appellant from prison.

Language of document
Reference number
No. 02 of 2008
Charges
Unlawful possession of government trophies
Species
Buffalo, Hartebeest
Money value
-
Transnational
No
Decision
Appeal allowed, conviction quashed and sentence set aside. The judge ordered the immediate release of the appellant from prison.
Appealed
No
Penalty
-
Court cases cited
DPP v Njafike (1988) T.L.R 18
Legislation cited
Wildlife Conservation Act, Cap. 283 R.E. 2002
Source