Akida Ramadhani Salehe versus The Republic; Criminal Appeal No. 349 of 2013: Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal Procedure
- Sentencing – it is mandatory to take into consideration mitigating factors.
- Civil Procedure
- Judgment – it is mandatory to give reasons for the decision.
Held:-
(i) It is not sufficient for a judge / magistrate to state that he has taken into consideration mitigating factor. It is incumbent upon the judge to specify which aggravating factors prevailed over the mitigating factors.
(ii) What distinguishes a judicial (even if discretionary) decision from any other administrative decision is that a judicial decision must be supported by reasons. Otherwise, it becomes an arbitrary one, for it has been said that it is a fundamental requirement of fair play and justice that parties should know at the end of the day why a particular decision has been taken (cited Tanzania Air Services Ltd v. Minister for Labour and 2 Others, (1996) TLR 217) H.C).