The Appellant was charged with and convicted of murder. He
was sentenced to suffer death by hanging. The trial in which he was convicted
and sentenced was before PRM with extended jurisdiction. On 19th day
of May 2004, the Appellant was brought before the High Court at Dodoma. He
entered a plea of not guilty. A preliminary hearing was conducted wherein
memoranda of undisputed and disputed facts were recorded. A list of intended
witnesses and exhibits was compiled as well. The case was then adjourned for
hearing. However, on 15th day of April 2006 the Judge-In-Charge,
transferred the case to be heard by a Principal Resident Magistrate – Extended
Jurisdiction. The Judge-In-Charge invoked the provisions of section 256A of the
Criminal Procedure Act (the CPA) 1985, as amended by Act No. 2 of 1996. PRM
proceeded to conduct the trial up to its conclusion. The Court considered,
among other things, when a case should be transferred from the High Court to a
magistrate with extended jurisdiction.