Matumizi mabaya ya madaraka ya DPP tanzania yana historia ndefu, hayakuanza na kesi ya Lema. Tafuta na soma kesi hii: Mehboob Akber Haji and Another V.R
"It is this unfairness and injustice occasioned by such abuse of legal powers that has led to the challenge of powers of the DPP. In recent cases it has been insisted that the DPP can enter nolle prosequi to withdraw a case only in good cause. It has to be shown that in process of execution of his duties the DPP has taken into account public interest, the interest of justice and he is not in the process of abusing legal process. This was the position taken in the case of Mehboob Akber Haji and Another V.R[18].
In this case the DPP entered nolle prosequi in order to circumvent the ruling of the Resident Magistrate’s Court at Kisutu by which the accused persons were granted bail. Immediately after entering nolle prosequi at Kisutu the same DPP proceeded up to the District Court of Ilala at Kivukoni to file a same a similar case hoping that in that court, the accused persons would not be granted bail.
In revisional proceedings Hon. Justice Kyando quashed the proceedings at the Kivukoni court on the ground that it was an abuse of the process of the court for the DPP to go about fishing for a court which would be more favourable to him. The appeal by the DPP to the Court of Appeal of Tanzania was dismissed. This holding consolidates the current view that the DPP can only abuse the powers of his office at his own risk as the individual can challenge such an abuse successfully".
"It is this unfairness and injustice occasioned by such abuse of legal powers that has led to the challenge of powers of the DPP. In recent cases it has been insisted that the DPP can enter nolle prosequi to withdraw a case only in good cause. It has to be shown that in process of execution of his duties the DPP has taken into account public interest, the interest of justice and he is not in the process of abusing legal process. This was the position taken in the case of Mehboob Akber Haji and Another V.R[18].
In this case the DPP entered nolle prosequi in order to circumvent the ruling of the Resident Magistrate’s Court at Kisutu by which the accused persons were granted bail. Immediately after entering nolle prosequi at Kisutu the same DPP proceeded up to the District Court of Ilala at Kivukoni to file a same a similar case hoping that in that court, the accused persons would not be granted bail.
In revisional proceedings Hon. Justice Kyando quashed the proceedings at the Kivukoni court on the ground that it was an abuse of the process of the court for the DPP to go about fishing for a court which would be more favourable to him. The appeal by the DPP to the Court of Appeal of Tanzania was dismissed. This holding consolidates the current view that the DPP can only abuse the powers of his office at his own risk as the individual can challenge such an abuse successfully".
