C Mwalusamya J: The two respondents Petro s/o Tapa (1st respondent) and Mtiyani s/o Nghambi (2nd respondent) were acquitted of cattle theft contrary to ss 265 and 268 of the Penal Code Cap 16 by the Dodoma District Court. Aggrieved by the acquittal the two complainants (now appellants) Mr Zakyo s/o Kusaja (1st appellant) and Richard s/o Mtalisi (2nd appellant) have now appealed to this D court.
It is my considered view that the appeal is misconceived. Under s 378(1) of the Criminal Procedure Act 9 of 1985 only the Director of Public Prosecutions (DPP) can appeal against an acquittal by a E subordinate court. A complainant has no right of appeal to the High Court against an acquittal by a subordinate court.
Perhaps the above provision goes against the constitutional provision under article 13(6)(a) of our F Constitution which provides for the right of appeal against any adverse decision of a court of law. However that would entail challenging the unconstitutionality of s 378(1) of the Criminal Procedure Act in a proper forum and when properly pleaded. As the situation stands, the two appellants have only to blow a muted trumpet. There is nothing I can do about it.
G In the event I hold that the appeal is misconceived and I strike it off the register. Order accordingly.
A
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