The appellant was found in possession of 71 pieces of elephant tusks and stood trial before the district court of Shinyanga as presided over by a Resident Magistrate. The appellant appealed to the High Court but the appeal was dismissed. He then lodged his appeal to the Court of Appeal under grounds centered on the lack of jurisdiction of the trial court to try the offence because the offence was committed outside the district of the court and that the DPP had no power to delegate his statutory obligation of granting consent to prosecute in other court than the high court, hence, the certificate was void. The Court of Appeal has revised and quashed the lower courts’ proceedings and judgment and set aside the sentence. However, in view of the fact that the appellant faces a serious economic crime and has spent only 4 out of 20 years imprisonment meted out on him, the court ordered that he should be retried by a court of competent jurisdiction constituted by another magistrate with requisite jurisdiction, with immediate dispatch. In case of another conviction, the period that the appellant has so far served in prison, is to be taken into account.
Type of court
Seat of court
Date of opinion
Language of document
No. 279B of 2013
Unlawful possession of government trophy
The Court of Appeal has revised and quashed the lower courts’ proceedings and judgment and set aside the sentence but ordered the case to be retried by a court of competent jurisdiction.
Court cases cited
THOMAS ELIAS V R. (1993) TLR 263
Wildlife Conservation Act, Cap. 283 R.E. 2002
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Magistrate Court’s Act
National Prosecutions Services Act, No. 27 of 2008