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…Retrial ordered. Cases No cases referred to. Statutes 1. Penal Code (cap 63) sections 140, 145(1) 2. Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…I direct that there be held a retrial of the appellant on the charge under Section 145(1) of the Penal Code. It is ordered accordingly.…

…2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest of justice an order for retrial…

…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…

…I order a retrial to be held before another magistrate. For this purpose the appellant is to be released from prison custody forthwith and remanded at Changamwe Police Station.…

…I am satisfied that this is not a suitable case where a retrial can be considered because the drugs allegedly found with the appellant had not been submitted for examination before he was charged.…

…I am of the view that a retrial would not be fair or just to the prisoner who has since served about four years of her sentence and such a course would therefore be prejudicial to the prisoner.…