116. This Court also notes that the High Court of the Respondent State is
empowered pursuant to Sections 260(1),55 and 284(1)56 of the CPA to
postpone the trial of any accused person to the subsequent session where
there is sufficient cause for the delay including the absence of witnesses.
However, the same provisions are to the effect that the delay should be
“reasonable”.
117. In the present Application, the records indicate that the Applicants were
arrested for the offence of murder on 8 May 1999 and three (3) years, four
(4) months and sixteen (16) days later, the preliminary hearing before the
High Court was held on 24 September 2002. On 21 April 2004, which is one
(1) year, six (6) months and twenty-eight (28) days later, the Parties again
appeared before the High Court and requested it to set a trial date, to which
the High Court ordered the Magistrate Court to commit the Applicants but
no action was taken. On 13 February 2006, that is one (1) year, nine (9)
months and twenty-three (23) days later, the Parties again appeared before
the High Court, and the “prosecution” observed that the Magistrate Court
had yet to commit the Applicants for trial. In response, the High Court once
again ordered the Magistrate Court to commit the Applicants. On 2 March
2006, two (2) weeks and three (3) days later, the Parties appeared before
the High Court after they were committed.
118. The trial commenced twenty-five (25) days later at the High Court at Bukoba
on 27 March 2006 in Criminal Session, Case No 34 of 2002 and was
concluded on 31 May 2007, eight (8) years and twenty-three (23) days later
from the date of arrest and one (1) year, two (2) months and twenty-nine
(29) days later from the date of committal.
Section 260(1) – It shall be lawful for the High Court upon the application of the prosecutor or the
accused person, if the court considers that there is sufficient cause for the delay, to postpone the trial
of any accused person to the next session of the court held in the district or at some other convenient
place, or to a subsequent session.
56 284(1) – Where, from the absence of witnesses or any other reasonable cause to be recorded in the
proceedings, the court considers it necessary or advisable to postpone the commencement of or to
adjourn any trial, the court may from time to time postpone or adjourn the trial on such terms as it thinks
fit for such time as it considers reasonable and may, by warrant, remand the accused person to a prison
or other place of security.
55
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