The Effects of Misjoinder of Counts and Offenders in Tanzania

Abstract

Nyembea Stanslaus and Asherry Magalla

It is clear that the general rule on the preferring of charges against an accused person or the defendant is that every separate offence or claim have to be embodied in a separate charge or plaint and that every accused shall be charged and tried separately for every distinct offence.

However, sometimes by considering a number of circumstances and grounds these offences and offenders or defendants may be tried and charged together.

Justice Katiti in the case of Joseph Masunzu V. Republic,1 According to him he said as follows: “....We can’t peaceful make our journey through life without the law telling us the right direction to follow, and sometimes even the time to follow and when to start our journey and through which route....”

Hence if those circumstances as provided by the law are followed, a joinder may be formulated but failure to consider those circumstances and grounds in joining these counts and offenders may lead to a misjoinder of counts and offenders hence led to injustice.

This paper intends to explain on the number of circumstance and their effects when a count or the offender is joined without a probable cause.

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