Court rejects financial scam appeal


The Court of Appeal rejected the appeal lodged by 11 accused persons, including officials with the Tanzania Revenue Authority (TRA) who challenged a provision under Criminal Procedure Act, preventing bail to persons facing money laundering charges.

A full Court comprising Justices January Msoffe, Nathalia Kimaro, Sauda Mjasiri, Salum Massati and Kipenka Mussa upheld the ground of objection presented by the Attorney General (AG) that the appeal in question was filed out of the required time.

They said that advocates for accused persons, Mpale Mpoki, Mabele Marando and Protus Zake, had conceded to the objection in question that the appeal was time barred for four days.

Records of appeal show that the decision sought to be challenged was issued by the High Court on December 15, 2011. However, they noted, the notice of appeal was filed on January 17, 2012, which was beyond the required time as per Court of Appeal Rules.

“Under the circumstances, we uphold the preliminary objection and strike out the appeal,” Justice Kimaro, declared when reading the order of the Court.

Earlier, advocate Mpoki, on behalf of the defence team, conceded before the court that after going through the records of appeal filed, they came to discover that indeed the appeal was time barred and therefore, requested the court to strike it without condemning their clients to pay costs.

The AG, who was represented by a team comprising Principal State Attorneys Alisia Mbuya, Oswald Tobabyekomya, Senior State Attorney Mark Mulwambo and State Attorney Shadrack Kimaro, could not raise any objection to the request advanced by advocates for the accused persons.

Accused persons are Mariam Mashaka Faustin, Fortunatus Faustine Muganzi, Robert Phares Mbetwa, Dickson Hezron Maira, Marcus Mussa Masila, Justice Lumina Katiti, Faraji Augustino Chambo, Joyce Adam Mwamagembo, Samwel John Rwenji, Haggay Nelson Mwatonuka and Hope George Lulandala.


They were arraigned at the Kisutu Resident Magistrate’s Court in Dar es Salaam on November 22, 2010 facing several counts of conspiracy to commit offences, forgery, uttering and using false documents and money laundering, among others, relating to money amounting to 671,712,379/-.

Having being called to enter plead to the charges, all accused persons pleaded not ‘guilty’ and were denied bail under Section 148 (5) (a) (v) of the Criminal Procedure Act (CPA), as amended in 2002. The accused persons were aggrieved by the decision and filed a constitutional petition at the High Court.

In the petition, the accused persons challenged the constitutionality of the provision in question. However, on December 15, 2011, a High Court panel comprising judges Ibrahim Juma, John Utamwa and Samwel Karua dismissed the petition in its entirety, for lacking merit.

The accused were also not satisfied with the decision and decided to cross over to the Court of Appeal, advancing several grounds. The respondents in the appeal are Attorney General (AG) and the Director General of the Prevention and Combating of Corruption Bureau (PCCB).

In the memorandum of appeal, the accused persons are alleging that having found as a fact that Section 148 (5)(a) (v) of CPA denies bail to the person accused of money laundering, the Court erred in law and facts by failing to hold that the provision is arbitrary and hence not falling with the proportionality tests.

By FAUSTINE KAPAMA, Tanzania Daily News

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