Browsing by Author "Utamwa, John Harold Kulimba"

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    Identification of criminal suspects in Tanzania: shortcomings in the law of evidence on identification parades
    (University of Dar es Salaam, 2012) Utamwa, John Harold Kulimba
    As one of the vital criminal investigation tools, Police Identification Parades (PIPs) generate evidence. Evidence obtained from PIPs (i.e. the EPIPs) is part of the crucial Evidence of Visual Identification (EVI) in Criminal Justice. Shortcomings in the law governing PIPs and EPIP (the Law of PIPs) in Tanzania include the following; it is constituted by multiple Written Laws and Case Law the trend that makes it difficult to apply and inaccessible, each of the written laws offers only a tiny guide, some of the written laws cause serious confusion and some are outdated, some are deliberately concealed and lack the requisite legal force. Case Law in Tanzania is also problematic for the limitations in accessing the Law Reports and unreported precedents. It also lacks consistency, uniformity and certainty. These shortcomings cause a negative effect in criminal justice. The objectives of this research were: to re-state and digest the Law of PIPs in Tanzania and to explain the purposes and significance of PIPs and EPIP, to highlight the shortcomings in the Law of PIPs and the effects thereof, to compare the Law of PIPs in Tanzanian and that applying in other jurisdictions and to propose possible redressing measures for the shortcomings. This study was mainly based on library research and interviews by use of questionnaires. The dissertation comprises of five chapters. Chapter one is an Introduction and General Remarks highlighting the background and statement of the problem, objectives of the research, significance of the research, literature review, assumption informing the study (hypothesis) and Research Method. Chapter two provides an Overview of the Law of PIPs while Chapter three examines the shortcomings in the Law of PIPs and their Effects. Chapter four covers a Comparative Perspective of the Law of PIPS and Remedial Measures of the shortcomings thereof, and Chapter five offers the Conclusion and Recommendations. This study concludes that: despite the significance and good purposes of the PIPs and EPIP the Law of PIPs in Tanzania is uncertain, inconsistent, complex, unknown, unfair, discriminatory and outdated, hence inefficient. The study also concludes that the shortcomings contribute to the severe setbacks in the law of EVI generally, hence stern miscarriage of criminal justice. The study offers the following recommendations; the existing written laws should be updated, detailed and revised into a single separate statute which may also govern other police investigatory duties. The proposed statute should adopt the best practices from other jurisdictions with necessary modifications. Important Judicial precautions should be codified into the proposed statute. The purported laws lacking legal force should be pronounced inoperative, but some of its valuable provisions should be adopted into the proposed Act. The law reporting system, the means of accessing unreported precedents and the style of writing them should also be improved. This should involve providing adequate financial and material support to the Judiciary of Tanzania and other relevant institutions.
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    Investigation for promoting fair criminal trials in Tanzania: The case of conducting committal proceeding and preliminary hearing sequential
    (University of Dar es Salaam, 2018) Utamwa, John Harold Kulimba
    The major purpose of this study was to make investigation for promoting fair trials in offences triable by the High Court of Tanzania. It examined the effects of conducting committal proceedings and preliminary hearing sequentially on fair trials. It also assessed the relevance of committal proceedings upon the introduction of preliminary hearing. It further explored laws and practices in some jurisdictions. The research was mainly qualitative, conducted through field research and documentary review. Respondents of different experiences were interviewed. Literatures from documentary and internet sources were reviewed. Case records from various courts were also studied. The study showed that, committal proceedings were introduced for promoting the accused’s fair trial. However, they unnecessarily delay cases for, interalia, their complicated procedure and lack of powers by subordinate courts to manage committal cases. The subsequent introduction of preliminary hearing has necessitated conducting committal proceedings and preliminary hearing sequentially in a committal case, hence the dual procedure. This results in unnecessary duplication of processes which aggravates delays of cases. Preliminary hearing however, is more advantageous than committal proceedings though it faces a few challenges. The research concluded that, committal proceedings are superfluous and obstruct the accused’s right to fair trial. The dual procedure violates that right and the Constitution of Tanzania. The Tanzanian practice on this subject does not also coport with the best practices in other jurisdictions. The research recommends for improving relevant laws to promote fair trials. This involves abolishing committal proceedings, filling cases directly to the High Court for effective management and advancing the law on preliminary hearing and other relevant laws.