The appellant was convicted by the District Court of Monduli at Monduli in absentia for unlawful possession of government trophy. He was sentenced to a term of imprisonment for twenty (20) years. The District Court was conferred with jurisdiction in accordance with the law particularly section 26 of the Economic And Organized Crimes Control Act read together with Part 11 of the 1st Schedule to Government Notice No.191 of 1984 and section 12(3) of Cap 200. Since his trial was conducted in absentia upon his arrest he contended that he was not the one who was convicted in absentia because his name was Lomayani and not Loning’o. He appealed to the High Court which reduced the sentence to fifteen years and upheld the conviction on the ground that the appellant’s denial of his name being Loning’o that denied him the opportunity to be informed of his rights under section 226(2) of the Cap. 20 of the Laws. Aggrieved by the decision the appellant appealed to the Court of Appeal on the following grounds: the first ground is a complaint that the prosecution evidence did not prove the charge against the appellant beyond reasonable doubt and the second is the contravention of section 226(2) of the Criminal Procedure Act for failure to find out the cause of the absence of the accused during trial. The Court allowed the appeal, set aside the decision of the trial court and the High Court and ordered a retrial.
Type of court
Seat of court
Date of opinion
Language of document
No. 396 of 2013
Unlawful possession of government trophy
Appeal allowed, decision of the trial court and the High Court set aside and retrial ordered.
Court cases cited
Abdullah Hamisi VR Criminal Appeal No. 26 of 2005 (unreported)
Lemonyo Lenuna and Lekitoni V R  T.L.R. 54
Marwa Mahende V R  T.L.R 249
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Wildlife Conservation Act, Cap. 283 R.E. 2002
Criminal Procedure Act, Cap. 20
Text and analysis