Nyiga Kinyalu versus The Republic

Nyiga Kinyalu versus The Republic; Criminal Appeal No. 64 of 2012;  Court of Appeal of Tanzania at Mbeya (Unreported).

  • Criminal Procedure
  • Charge – Charge sheet substituted -whether mandatory to recall witnesses.

Held:-

Where a charge has been substituted under section 234, the court has a duty to inform an accused of his right to demand witnesses who have already testified to be recalled. Failure to comply with section 234(2) (b) renders the proceedings in the trial court a nullity.

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Criminal Practice And Procedure›Charge