Abasi s/o Kasian @ Kilipasi vs Republic (Criminal Appeal No. 515 of 2020) [2023] TZCA 134 (22 March 2023)

In "Abasi so Kasian Kilipasi vs Republic (Criminal Appeal No 515 of 2020)", Abasi Kasian Kilipasi, the appellant, was convicted for trafficking narcotic drugs. The Court of Appeal nullified the conviction, judgment, and sentence due to procedural irregularities. The trial court did not comply with section 234(2) of the Criminal Procedure Act after substituting the charge, which requires informing the accused of their right to have witnesses recalled for fresh evidence or further cross-examination. This non-compliance rendered the proceedings null, leading the Court of Appeal to quash the conviction, judgment, and sentence, and order the appellant's release.