The respondent was charged with and convicted of Using
Abusive language and sentenced to pay a fine of Tshs. 100,000/= or six
months’ imprisonment. He appealed successfully to the District Court where the
entire proceeding of the Primary Court was quashed and the Judgment was set
aside on the ground that the charge was not read and explained to the
respondent before he entered his plea as mandatorily required by the law. The
record of Proceedings of the Primary Court show that the charge was read to the
respondent and a plea of not guilty was entered by the Primary Court. The
record also shows that hearing of the case commenced without reading over and
explaining to the respondent the charge he was facing in his own language. It
is true that when the charge was read for the first time the case was presided
over by Hon. M.O. Kiri (PCM) but when the trial commenced, the case was
presided over by S.M. Bwire (PCM).