The accused persons who were charged with the offence of
armed robbery filed a petition in the High Court under the provisions of the
Basic Rights and Duties Enforcement Act [Cap 3 R.E. 2002]. In their petition
they challenged the constitutionality of the provisions of section 148 (5) (a)
of the Criminal Procedure Act in terms of Article 15 (2) (a) of the
Constitution. They also attacked section 9 (3) of the Criminal Procedure Act
which restricts the disclosure and furnishing or supplying of prosecution
witnesses statements except to the persons who gave information relating to the
commission of the charged offence as impeding the Petitioners fundamental right
to a fair hearing guaranteed under Article 13 (6) (a) of the Constitution of
the United Republic of Tanzania. Finally, they alleged that the inordinate
delay, caused by the prosecution, of affording the Petitioners a fair trial
within a reasonable time is violative of section 225 (4) of the Criminal
Procedure Act and Article 107 A (2) (b) of the Constitution of the United
Republic of Tanzania.