Chairman Lee
JF-Expert Member
- Mar 11, 2015
- 1,353
- 1,492
Ukiwa unachangia mada changia vitu VYA Msingi kama huna tulia
Mwanza: Mmiliki wa mabasi ya J4 aliyehukumiwa kunyongwa hadi kufa aachiwa huru
Mwanza: Mmiliki wa mabasi ya J4 aliyehukumiwa kunyongwa hadi kufa aachiwa huru
- Thread starter Carlos The Jackal
- Start date
Chairman Lee
JF-Expert Member
- Mar 11, 2015
- 1,353
- 1,492
Huyu fala huyu
THE SHADOW ONE
JF-Expert Member
- Mar 11, 2015
- 1,201
- 1,974
Ego is the Enemy
JF-Expert Member
- Mar 21, 2014
- 8,201
- 16,246
Hawajui wanaropoka. Ukipewa issue hata wewe ama ningekuwa mie ningeua. Watu wanajifanya wajanja ama wana akili mno kuchukua hela za wanaume wenzao kiulaini na kihuni na ujanja ambao hauna mana. Yaani hata wale jamaa kuuwa Naona hiyo adhabu haikutosha,walitakiwa wachomwe Moto ama wawe wanakatwa kiungo kimojakimoja mpaka wabakie mifupa,pumbavu zao. Kuna watu hawajui kuwa wanaume wengine wanapataje hela zao wao wanataka kujifanya Kama mademu wanaweza wakanyonya kendre za wenzao ili wazipate. Ulizeni mjue chanzo Cha mauaji na sio kukimbilia mbona hajaja kukuua wewe ama mie.heshimu pesa ama Mali ya mwanaume mwenzako.
Unajua uchungu anaopata mwanamke anapozaa mtu lakini.
Ego is the Enemy
JF-Expert Member
- Mar 21, 2014
- 8,201
- 16,246
Hayajakukuta nadhani utaimba ama utayasahau ulichoandika hapa
THE SHADOW ONE
JF-Expert Member
- Mar 11, 2015
- 1,201
- 1,974
Hakika, haigharimu kitu.
Ego is the Enemy
JF-Expert Member
- Mar 21, 2014
- 8,201
- 16,246
Yaani anakuja kwako anakuua bila ya 7bu
Greg50
JF-Expert Member
- Feb 11, 2014
- 1,960
- 2,455
Hii ni dunia nzima, hata huko mbele ukiwa na pesa husumbuliwi na mtu.
28 March 2022
MAHAKAMA KUU YA RUFAA TANZANIA : Mfanyabiashara Ayubu Kiboko na mkewe Pilly Kiboko washinda rufaa yao dhidi ya hukumu ya awali
Kesi yenyewe :
Awali mwezi December mwaka 2020 Mahakama Kuu Divisheni Maalum : Mahakama ya Uhujumu Uchumi na makosa ya rushwa iliwaona wana hatia.
Mfanyabiashara Ayubu Mfaume Kiboko na mkewe Pilly Mohammed wamehukumiwa kifungo cha miaka 20 gerezani baada ya kutiwa hatiani kwa kosa la kukutwa na Dawa za Kulevya aina ya Heroin Hydrochloride.
Wawili hao wamehukumiwa leo katika Mahakama Kuu ya Tanzania Divisheni ya Rushwa na Uhujumu Uchumi maarufu kama Mahakama ya Mafisadi mbele ya Jaji Mfawidhi, Lilian Mashaka.
Awali katika hukumu hiyo ikiwa ni kesi ya Uhujumu Uchumi namba 13 ya mwaka 2018 Jaji Mashaka alisema kwamba ushahidi wa upande wa mashitaka umethibitisha kesi kwa mshitakiwa wa kwanza na wapili, hivyo mahakama inawatia hatiani kwa makosa wanayoshitakiwa nayo.
Jaji Mashaka alisema kuwa kwa maoni yake utetezi wa mshitakiwa wa Kiboko na mkewe uliunga mkono ushahidi wa Upande wa Mashitaka kutokana na kujichanganya kwa maelezo yao ya ushahidi.
“Mshitakiwa wa Kwanza na Wapili mlikuwa mnajua kwamba kulikuwa na Dawa za kulevya katika Stand ya Viatu,”
“Mshitakiwa wa Kwanza na Wapili mna makosa kama mlivyoshtakiwa na mna hatia kwa kukutwa na Dawa za Kulevya aina ya Heroin”
Katika kesi ya uhujumu uchumi namba 29/2018, Kiboko na mkewe wanadaiwa, Mei 23, 2018 eneo la Tegeta Nyuki Masaiti wilaya ya Kinondoni, walisafirisha dawa za kuĺevya aina ya heroin zenye uzito wa gramu.
...............................................
HUKUMU YA MAHAKAMA YA RUFANI TANZANIA 24 MARCH 2022:
APPEALS COURT
RELEASES COUPLE OVER NARCOTIC DRUGS TRAFFICKING
24-03-2022 0
Published By: LYDIA CHURI
| Published By: | LYDIA CHURI |
|---|
By Faustine Kapama-Judiciary
THE Court of Appeal has ordered the release from prison businessman Ayubu Mfaume Kiboko and his wife Pilly Mohamed Kiboko who were sentenced to 20 years’ imprisonment for trafficking in 251.25 grammes of heroin hydrochloride, which are narcotic drugs.
Justices Dr. Gerald Ndika, Ignas Kitusi and Sam Rumanyika ruled in favour of the couple, the appellants, after allowing the appeal the two had lodged to oppose findings of the High Court’s Corruption and Economic Crime Division in Dar es Salaam.
“We allow the appeal and proceed to quash the convictions and set aside the sentences against the appellants.
Accordingly, we order that the appellants, Ayubu Mfaume Kiboko and Pilly Mohamed Kiboko, be released from prison unless they are held there for any other lawful cause,” they declared.
The justices granted one ground of appeal among seven the appellants had advanced, which challenged the decision of the High Court with effects that the search into their home which was conducted by a team of police officers from the Drug Control and Enforcement Authority (DCEA) was illegal.
“We are constrained to expunge the illegally obtained evidence, which, apart from the alleged prohibited substance and the certificate of seizure, included the other seized substances and the three motor vehicles,” they ruled.
The justices pointed out that the remaining evidence on record after discounting such evidence, including the seized alleged drugs, was too thin on its own to support the charge the appellants faced.
They said that the police powers of search and seizure are governed by section 38 of the Criminal Procedure Act (CPA) with Subsection (1) empowering police officer in charge of a police station ("OCS") to search or to issue a written authority to any police officer under him to carry out the search.
According to the justices, Subsection (2) comes in force when a search is executed upon a written authority and police officer who executes the search is required to report, as soon as practicable, the issue of the authority the grounds on which it was issued and the result of the search to a magistrate.
“This binding obligation is followed up by another imperious requirement under subsection (3) imposed on the officer in charge of the search, upon seizure of a thing, to issue a receipt acknowledging the (such) seizure, bearing the signature of the owner or occupier of the premises or relative,” they said.
The justices pointed out further that apart from section 38 of the CPA, sections 40 and 42 (1) (a) and (b) of the Act also regulate the conduct of searches, as section 40 provides that a search warrant may be issued and executed on any day and may be executed between the hours of sunrise and sunset.
However, the court may, upon application by a police officer or other person to whom it is addressed, permit him to execute it at any hour. Section 42 (1) (a) and (b) creates an exception to the overall requirement under section 38 (1) by providing for searches and seizures in cases of emergency.
In the case at hand, having revisited the evidence tendered during the trial, the justices noted that the police officer who lead the search team was not an OCS and had no requisite written authority (search order) from an OCS to carry out the search.
Furthermore, they said, the evidence does not suggest that the impugned search was executed as an emergency undertaking in terms of section 42 (1) of the CPA dispensing the requirement for a search order or warrant.
“We think that this is a classic case where police officers, believing that they were unshackled by the law and that they had a free hand, went ahead, entered into and searched suspects' home brazenly violating the law,” the justices said.
In the trial, Kiboko and his wife Pilly were charged with trafficking in narcotic drugs.
It was alleged that on May 23, 2018 at Tegeta-Nyuki in Kinondoni District in Dar es Salaam, the couple trafficked in heroin hydrochloride, which are narcotic drugs, weighing 251.25 grammes.
In the final analysis, we allow the appeal and proceed to quash the convictions and set aside the sentences against the appellants. Accordingly, we order that the appellants, Ayubu Mfaume Kiboko and Pilly Mohamed Kiboko, be released from prison unless they are held there for any other lawful cause.
Source : APPEALS COURT RELEASES COUPLE OVER NARCOTIC DRUGS TRAFFICKING
Accumen Mo
JF-Expert Member
- May 15, 2022
- 18,036
- 39,882
,Dawa kupiga chuma tu.
econonist
JF-Expert Member
- Jul 11, 2015
- 20,189
- 29,663
Rufaa imetolewa mwaka Jana 2021, ila DPP kajitoa juzi mwaka huu.
Sio kwa Jamii zilizostaarabika
Full charge
JF-Expert Member
- Mar 1, 2018
- 1,678
- 1,617
Siamin pesa kufananishwa na uhai ila kweny kujua chanzo ilikuwa vema
Stroke
JF-Expert Member
- Feb 17, 2012
- 37,630
- 47,434
Bosi wa madawa yupo nje.28 March 2022
MAHAKAMA KUU YA RUFAA TANZANIA : Mfanyabiashara Ayubu Kiboko na mkewe Pilly Kiboko washinda rufaa yao dhidi ya hukumu ya awali
Kesi yenyewe :
Awali mwezi December mwaka 2020 Mahakama Kuu Divisheni Maalum : Mahakama ya Uhujumu Uchumi na makosa ya rushwa iliwaona wana hatia.
Mfanyabiashara Ayubu Mfaume Kiboko na mkewe Pilly Mohammed wamehukumiwa kifungo cha miaka 20 gerezani baada ya kutiwa hatiani kwa kosa la kukutwa na Dawa za Kulevya aina ya Heroin Hydrochloride.
Wawili hao wamehukumiwa leo katika Mahakama Kuu ya Tanzania Divisheni ya Rushwa na Uhujumu Uchumi maarufu kama Mahakama ya Mafisadi mbele ya Jaji Mfawidhi, Lilian Mashaka.
Awali katika hukumu hiyo ikiwa ni kesi ya Uhujumu Uchumi namba 13 ya mwaka 2018 Jaji Mashaka alisema kwamba ushahidi wa upande wa mashitaka umethibitisha kesi kwa mshitakiwa wa kwanza na wapili, hivyo mahakama inawatia hatiani kwa makosa wanayoshitakiwa nayo.
Jaji Mashaka alisema kuwa kwa maoni yake utetezi wa mshitakiwa wa Kiboko na mkewe uliunga mkono ushahidi wa Upande wa Mashitaka kutokana na kujichanganya kwa maelezo yao ya ushahidi.
“Mshitakiwa wa Kwanza na Wapili mlikuwa mnajua kwamba kulikuwa na Dawa za kulevya katika Stand ya Viatu,”
“Mshitakiwa wa Kwanza na Wapili mna makosa kama mlivyoshtakiwa na mna hatia kwa kukutwa na Dawa za Kulevya aina ya Heroin”
Katika kesi ya uhujumu uchumi namba 29/2018, Kiboko na mkewe wanadaiwa, Mei 23, 2018 eneo la Tegeta Nyuki Masaiti wilaya ya Kinondoni, walisafirisha dawa za kuĺevya aina ya heroin zenye uzito wa gramu.
...............................................
HUKUMU YA MAHAKAMA YA RUFANI TANZANIA 24 MARCH 2022:
APPEALS COURT
RELEASES COUPLE OVER NARCOTIC DRUGS TRAFFICKING
24-03-2022 0
Published By: LYDIA CHURI
By Faustine Kapama-Judiciary
THE Court of Appeal has ordered the release from prison businessman Ayubu Mfaume Kiboko and his wife Pilly Mohamed Kiboko who were sentenced to 20 years’ imprisonment for trafficking in 251.25 grammes of heroin hydrochloride, which are narcotic drugs.
Justices Dr. Gerald Ndika, Ignas Kitusi and Sam Rumanyika ruled in favour of the couple, the appellants, after allowing the appeal the two had lodged to oppose findings of the High Court’s Corruption and Economic Crime Division in Dar es Salaam.
“We allow the appeal and proceed to quash the convictions and set aside the sentences against the appellants.
Accordingly, we order that the appellants, Ayubu Mfaume Kiboko and Pilly Mohamed Kiboko, be released from prison unless they are held there for any other lawful cause,” they declared.
The justices granted one ground of appeal among seven the appellants had advanced, which challenged the decision of the High Court with effects that the search into their home which was conducted by a team of police officers from the Drug Control and Enforcement Authority (DCEA) was illegal.
“We are constrained to expunge the illegally obtained evidence, which, apart from the alleged prohibited substance and the certificate of seizure, included the other seized substances and the three motor vehicles,” they ruled.
The justices pointed out that the remaining evidence on record after discounting such evidence, including the seized alleged drugs, was too thin on its own to support the charge the appellants faced.
They said that the police powers of search and seizure are governed by section 38 of the Criminal Procedure Act (CPA) with Subsection (1) empowering police officer in charge of a police station ("OCS") to search or to issue a written authority to any police officer under him to carry out the search.
According to the justices, Subsection (2) comes in force when a search is executed upon a written authority and police officer who executes the search is required to report, as soon as practicable, the issue of the authority the grounds on which it was issued and the result of the search to a magistrate.
“This binding obligation is followed up by another imperious requirement under subsection (3) imposed on the officer in charge of the search, upon seizure of a thing, to issue a receipt acknowledging the (such) seizure, bearing the signature of the owner or occupier of the premises or relative,” they said.
The justices pointed out further that apart from section 38 of the CPA, sections 40 and 42 (1) (a) and (b) of the Act also regulate the conduct of searches, as section 40 provides that a search warrant may be issued and executed on any day and may be executed between the hours of sunrise and sunset.
However, the court may, upon application by a police officer or other person to whom it is addressed, permit him to execute it at any hour. Section 42 (1) (a) and (b) creates an exception to the overall requirement under section 38 (1) by providing for searches and seizures in cases of emergency.
In the case at hand, having revisited the evidence tendered during the trial, the justices noted that the police officer who lead the search team was not an OCS and had no requisite written authority (search order) from an OCS to carry out the search.
Furthermore, they said, the evidence does not suggest that the impugned search was executed as an emergency undertaking in terms of section 42 (1) of the CPA dispensing the requirement for a search order or warrant.
“We think that this is a classic case where police officers, believing that they were unshackled by the law and that they had a free hand, went ahead, entered into and searched suspects' home brazenly violating the law,” the justices said.
In the trial, Kiboko and his wife Pilly were charged with trafficking in narcotic drugs.
It was alleged that on May 23, 2018 at Tegeta-Nyuki in Kinondoni District in Dar es Salaam, the couple trafficked in heroin hydrochloride, which are narcotic drugs, weighing 251.25 grammes.
In the final analysis, we allow the appeal and proceed to quash the convictions and set aside the sentences against the appellants. Accordingly, we order that the appellants, Ayubu Mfaume Kiboko and Pilly Mohamed Kiboko, be released from prison unless they are held there for any other lawful cause.
Source : APPEALS COURT RELEASES COUPLE OVER NARCOTIC DRUGS TRAFFICKING
Tutapona kweli??
dadamlamayao
JF-Expert Member
- Nov 1, 2022
- 243
- 841
uzembe wa Askari Polisi kufanya kazi kwa mazoea bila kufuata CPA ndio loophole iliyotumiwa na Majaji wa Mahakama ya Rufaa kuwaachia Koboko na Mkewe
Tujiulize wakati Polisi wanakwenda kumpekua kienyeji hawakujua kesi itashindwa ? Au ni makusudi ili jamaa wapate upenyo wa kutoka akiamua kutumia mawakili mahiri ambao wanaweza kugeuza kibao kuwa ilikuwa ni njama tu kumuumiza mteja wao .
Hapa wa kulaumiwa ni jeshi la polisi kukosa kufuata taratibu zilizowekwa ili haki ipatikane kwa mtuhumiwa na pia jamii inayolengwa kuharibiwa.
Stroke
JF-Expert Member
- Feb 17, 2012
- 37,630
- 47,434
Katika wauza madawa ya kulevya hatari hapa Tanzania huyo anaongoza sasa unaachiaje uraiani mtu kama huyo.