Mkome Nyang'Ombe versus the Republic - No. 50 of 2014

Territorial subdivision
Seat of court
Mwanza
Court jurisdiction
Date of opinion
2015
Abstract

The appellant was convicted by the trial court on three counts and acquitted on one count. Aggrieved by the decision he appealed to the high court which upheld the decision of the trial court. He then appealed to the Court of appeal on the following grounds: (1) that, the trial and first appellate courts erred in law and fact to rely on the prosecution’s evidence in which the complainant did not testify, (2) that, the trial and first appellate courts erred in failing to detect that the Public Prosecutor (PP) in the case was below the rank required to prosecute economic offences, (3) the trial and the first appellate courts erred in law and fact by relying on exhibit P3, certificate of identification and valuation of trophies, contrary to the relevant laws, (4) that, the trial and the first appellate courts erred in law and fact by neglecting the appellant’s strong defence and (5) that, the case under appeal was not proved beyond reasonable doubts. The Court of Appeal dismissed the appeal.

Language of document
English
Reference number
No. 50 of 2014
Charges
(1) unlawful possession of government trophy, (2) failure to report possession of government trophy, (3) unlawful dealing in government trophy, (4) unlawful hunting in a game controlled area.
Money value
-
Transnational
No
Decision
Appeal dismissed for incurable notice of appeal.
Appealed
No
Penalty
(1) to pay a fine of Tshs 16,320,000/= or twenty years imprisonment in default, (2) to pay a fine of Tshs 500,000/= or twelve months imprisonment in default, (3) acquittal, (4) five years imprisonment.
Court cases cited
Shadrack Kuhaha versus Republic Criminal Appeal No 24 of 2013, UNREPORTED
Tano John versus Republic, Criminal Appeal No 61 of 2014, UNREPORTED
Peter Shangwe versus Republic, Criminal Appeal No 354 of 2008, UNREPORTED
Mwanya Ally Dadi versus Republic, Criminal Appeal No 105 of 2013, UNREPORTED
Legislation cited
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Source