By Kusekwa Kusekwa
The Judge pointed out that courts subordinate to the High Court have jurisdiction over economic offences where the Director of Public Prosecution [DPP] transfers, by a certificate any such offence to be tried by the court in terms of section 12(3) of the EOCCA. “I have scanned the trial court record; no certificate was tendered at the trial court before the appellant was asked to plead to the charge,” he said, and added: “I am satisfied that the trial court had no jurisdiction to proceed to try the case against the appellant for the reasons stated above, consequently the whole proceeding of the trial court becomes (a) nullity.” According to the offence in the charge sheet at the trial court, on January 26, 2021 at about 23:00hrs at Sangarini Kamwanga Village in Rombo District, Kilimanjaro Region, the appellant was found in unlawful possession of three fresh heads and two pieces fresh meat of Dik-dik meat. The government trophies were equivalent to three killed dik-diks valued in total at USD 750 ( 1,725,000/), the property of the government of the United Republic of Tanzania. The appellant had no permit from Director of Wildlife.
