expose them to the public with impunity while relying on the Prevention
of Terrorism Act. The impugned provisions of the Prevention of
Terrorism Act infringe and contravenes the constitution, and they target
or net unintended actions, acts, conducts, people and at the detriment
of the society which it purports to serve and protect."
In view of the above rejoinder submission, we found appropriate to
go through the Court of Appeal decision in the case of Republic v. Farid
Hadi Ahmed and 21 others (supra) for purposes of drawing the
necessary lesson/s, if any, pertinent to the instant petition.
What we found in Farid Hadi Ahmed's case (supra) is that, the
Court of Appeal after hearing the parties, decided to quash the decision of
the High Court (Dar es Salaam Registry) dated 19.12.2014 in Misc. Criminal
Application No. 101 of 2014 that had directed the Resident Magistrates
Court of Kisutu (RM's court) to decide on matters which were raised by the
respondents on 03.09.2014 in connection with three counts-conspiracy to
commit an offence contrary to section 27 (c) of POTA; recruitment of
persons to participate in terrorist acts contrary to section 21 (b) of that Act;
and harbouring persons committing terrorist acts contrary to section 19 (a)
of the same Act. The matters raised which the subordinate Court held on
01.10.2014 were that the Court had no jurisdiction to determine them as
they emanated from a case triable by the High Court, including those which
touched on the jurisdiction of the committing Court, lack of the mandatory
consent Certificate from the Director of Public Prosecutions (the DPP) in
certain instances, defects in the charge sheet for failure to disclose clear
names of persons allegedly recruited and failure to disclose factual
particulars in certain instances, among others.
Page 24 of 37
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