In Mtae the Primary Court the Appellant was charged, tried and convicted of fraudulently disposing of trust property contrary to section 314 (1) of the Penal Code [Cap 16 R.E. 2002]. He was consequently sentenced to seven (7) years’ imprisonment and ordered to return the misappropriated properties of the deceased’s estate. His appeal to the District Court against both the conviction and sentence was dismissed. Undaunted, he further appealed to the High Court which reduced the sentence from that of seven (7) years to one of five (5) years’ imprisonment. Still aggrieved, he has now come to this Court for a third attempt. When the appeal was called on for hearing, we raised, suo motu, a jurisdictional issue. Our main concern was whether the trial primary court had jurisdiction to try, convict and sentence the Appellant, as it did, in view of the clear provisions under section 18 (1) of the Magistrates’ Courts Act [Cap 11 R.E. 2002] (the MCA).

