Kabula D/O Luhende versus The Republic; Criminal Appeal No. 281 of 2014: Court of Appeal of Tanzania at Tabora (Unreported).
- Court
- Bias – A judge considered the accused to have committed the offence at the point when the prosecution closed its case – Effect.
- Administrative Law
- Fair hearing – What does it mean and effect of failure to observe.
Held:-
(i) An accused person cannot be said to have been given a fair trial if the trial judge/ magistrate makes statements that shows that he is not impartial.
(ii) It is settled law which binds us that fair trial guarantees must be ordered and respected from the moment the investigation against the accused commences until the final determination of the proceedings, the appeal process inclusive.
(iii) Fair hearing according to the law envisages that both parties to a case be given opportunity of presenting their respective cases without fear or hindrance from the beginning to the end. A fair trial also envisages that the court or tribunal hearing the parties’ case should be fair and impartial without it showing any degree of bias against any of the parties. So, a fair trial, first and foremost, encompasses strict adherence to the rules of natural justice, whose breach would lead to the nullification of the proceedings.