Investigation for promoting fair criminal trials in Tanzania: The case of conducting committal proceeding and preliminary hearing sequential

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.