i

CERTIFICATION

The undersigned certify that he has read and hereby recommends for acceptance by the

Open University of Tanzania research paper entitled “the legal implications and problems

relating to random arrest”.

....................................................................

Msafiri Mabera

(SUPERVISOR)

Date..........................................

ii

DECLARATION

I, FRANK DANIEL SAMBAA, do hereby declare that this work is a product of my

personal research, and that it has not been presented to any other University for a similar or

other degree award

Signed by the researcher………………………day of…………………2013

iii

COPYRIGHT

No party of this research paper may be reproduced, stored in any retrieval system, or

transmitted in any means, electronic, photocopying without any written permission of the

author or the Open University of Tanzania in that behalf.

iv

ACKNOWLEDGEMENT I would like to acknowledgement my sincere gratitude to a number of people and

institutions which helped me in one way or another in the course of producing this work. To

them all I am really indebted.

First and foremost greatest and heartfelt indebtedness is due to my supervisor Mr, Msafiri

Mabera, for his patient and tireless guidance and supervision his constructive and educative

criticism as well as scholar advise and comments played a great role in enabling me to

producing this work. Without him this work would have not/ hardly reached this stage.

Secondly I wish to thank my Employer Ministry of home Affair for its full supporting in

terms of permit and advice expressed in this work. Especial Tanzania Police Force Head

Office Kagera Region Commissioner (ACP) Philip Alex Kalangi (RPC) and (ASP) Michael

John Manumbu for providing me information and some data regarding matters attended to

the police country wide.

Also I wish to thank my beloved friend Projestus Prosper Mulokozi Karagwe District

Magistrates, Kamugisha Mjahid Bilali and Wilbrod Peter, who worked with me hand in

hand for their tolerance and inconvenience caused by my absence during this L.L.B Course.

Thirdly I wish to extend my gratitude to all lecture whom I passed through their hands, to

mention a few Msafiri Mabera, Singsibert Ngemera, and Philip Filikunjombe, to them I am

really indebted.

Lastly but not mentioned a special word of appreciation should go to my classmate Abeli

Rugambwa, Fidelice Chilumba, Elia G. Mshana, Zackeo, Samwel Milinga, Christopher

Kapela, and our late Mr. Kato, for their advice and cooperation during my L.L.B course and

especially for their encouragement in this time of writing this research paper.

Finally I wish to express my sincere thank for those who in one way or another participated

in completion of this L.L.B degree course and especially to this research work, to them all

though not mentioned I remain eternally grateful.

v

DEDICATION

This work is special dedicated to my beloved father Daniel M. Sambaa and my mother

Bether Ishumael Shallow who brought me in this world and sent me to school and family

member in general for their patience and tolerance.

vi

TABLE OF CONTENTS CERTIFICATION ........................................................................................................................... i

DECLARATION ............................................................................................................................ ii

COPYRIGHT ............................................................................................................................... iii

ACKNOWLEDGEMENT ................................................................................................................iv

DEDICATION .............................................................................................................................. v

TABLE OF CONTENTS ..................................................................................................................vi

LIST OF ABBREVIATIONS ............................................................................................................. ix

CHAPTER ONE .................................................................................. Error! Bookmark not defined.

1.1 BACKGROUND TO THE PROBLEM .....................................................Error! Bookmark not defined.

1.2 STATEMENT OF THE PROBLEM .........................................................Error! Bookmark not defined.

1.3 HYPOTHESIS ......................................................................................Error! Bookmark not defined.

1.4 LITERATURE REVIEW .........................................................................Error! Bookmark not defined.

1.5 THE SIGNIFICANCE OF THE STUDY .................................................................................................. 5

1.6 OBJECTIVE OF THE RESEARCH ......................................................................................................... 6

1.6.1 GENERAL OBJECTIVES .................................................................................................................. 6

1.6.2 SPECIFIC OBJECTIVES ................................................................................................................... 6

1.7 SCOPE OF THE STUDY ...................................................................................................................... 6

1.8 METHODOLOGY .............................................................................................................................. 6

1.8.1 LIBRARY RESEARCH ...................................................................................................................... 6

1.8.2 FIELD RESEARCH ........................................................................................................................... 6

CHAPTER TWO ........................................................................................................................... 7

THE LAW OF ARREST .................................................................................................................. 7

2.1: Introduction: ................................................................................................................................. 7

2.2 What is an arrest ............................................................................................................................. 7

2.3 The road Traffic Act 1973 .............................................................................................................. 10

2.4The Tanzania/Zambia Railway Act-1975 ........................................................................................ 11

2.5 The wildlife Act – 1974 .................................................................................................................. 12

2.6 The intoxicating liquors Act - 1968 ............................................................................................... 13

2.7 The fisheries Act 1970 ................................................................................................................... 13

2.8 The Business licensing Act – 1972 ................................................................................................. 14

2.9 CIRCUMSTANCE SURROUNDING POLICE ARREST ................................................................. 14

vii

2.9POLICE POWERS OF ARREST .......................................................................................................... 17

CHAPTER THREE ....................................................................................................................... 19

LEGAL LIMITATION ON POWERS OF ARREST AND DETENTION: .................................................. 19

3.1 Introduction .................................................................................................................................. 19

3.2 Police in Tanzania .......................................................................................................................... 20

3.3Crime Prevention, Capacity and Community Perception. ............................................................. 21

3.4 Challenges facing the police force in Tanzania ............................................................................. 22

3.4.1 Corruption and Abuse of Power by Police Officers ................................................................... 22

3.3The latter of the provisions in the criminal procedure Act............................................................ 25

3.3 The criminal procedure Act 1985 .................................................................................................. 25

3.4 Provisions on arrest under the Penal Code. ................................................................................. 28

3.5 Under the people militia powers of arrest Act: ............................................................................ 29

CHAPTER FOUR ........................................................................................................................ 29

THE ARBITRARY ARREST PRACTICE: .......................................................................................... 29

4.1 Introduction: ................................................................................................................................. 29

4.2 The Concept of random arrest. ..................................................................................................... 30

4.3 Random arrest practice................................................................................................................. 30

4.4 Factors contributing to the poor exercise of powers by the police. ............................................. 32

4.5 Inadequate training....................................................................................................................... 32

4.6 MANIPULATION OF THE POLICE BY POLITICIANS ......................................................................... 34

4.7 LACK OF LEGAL AND HUMAN RIGHTS KNOWLEDGE TO THE GENERAL PUBLIC ........................... 35

CHAPTER FIVE .......................................................................................................................... 36

RESEARCH FINDIG CONCLUSION AND RECOMMENDATIONS ..................................................... 36

RESEARCH FINDINGS ................................................................................................................ 36

Research Analysis................................................................................................................................38

5.1 CONCLUSION ................................................................................................................................. 38

5.1.1 RECOMMENDATION .................................................................................................................. 38

5.2 Improved Investigation techniques .............................................................................................. 38

5.3 Amendment to the legislative framework .................................................................................... 39

5.4 Improved inservice training .......................................................................................................... 39

5.5 Establishment of independent complaints directorate ................................................................ 40

viii

LIST OF ABBREVIATIONS

ASP Assistant Superintendent

CHADEMA Chama Cha Demokrasia na Maendeleo

CPA Criminal Procedure Act

CUF Civil united Front

FFU The Field Force Unity

ICD Independent Complaints Directorate

PFO The Police Force Ordinance

PGO Police General Orders

RCO Regional Crime Officer

RPC Regional Police Commander

1

CHAPTER ONE

1.1 BACKROUND TO THE PROBLEM

This research aims at discussing the legal implications and problems relating to random

arrest in Kagera Region. Generally, random arrest is the process whereby police officers

apprehend one or group of persons in street on allegations that he or they have been

collectively involved in a commission of a crime. This being a form of arrest, is one of the

main key functions vested with the police. The Police Officers are entrusted by law to affect

investigation over any information relating to the commission of crime. These powers are

collectively provided for by the Criminal Procedure Act1 and the Police Force and Auxiliary

Service Act2

However, these powers of arrest though substantively aim at protection of individual rights

by restraining the wrongdoer from either continuing with the perpetration of a crime or from

escaping from the rigors of the law; they have been abused by the Police. During the

investigation process, Police Officers in the Criminal Investigation Department have been

traditionally arresting persons randomly without having any reasonable suspicion as to

whether the persons so arrested have been involved in the commission of the crime. These

unlawful and unjustified random arrests have led to serious legal problems and have bad

legal implications among the members of different communities in Tanzania, which a

researcher intends to find practical solutions.

Though this research has a special concern to deal with the problem of random arrest in

Kagera Region, the scope of the problem is too broad as of now; random arrest stands as a

national tragedy. During the election campaign and post election campaign, the police

officers have been witnessed to conduct massive arrest of persons allegedly to have

conducted what they call unlawful assembly or violence. These incidences have been

witnessed here in Kagera when sixty persons who were suspected to be affiliated with

Chadema at Kagondo Street within Bukoba Municipality were arrested and implicated with

1 [CAP 20 R.E 2002]

2 [CAP 322 R.E 2002].

2

the offences of violence likely to endanger peace and security. The more similar incidence

has been reported in Arusha Region and Tarime in Mara Region. Apart from that, there are

also random arrests in areas where there is a commission of serious crimes such as armed

robbery or murder and the offenders are not detected by the police. The researcher is minded

that in these arrests it is impracticable for the police to identify the real assailants. This has

caused undue inconvenience to innocent persons arrested without cause.

The research is of the opinion that random arrest conducted by the police has no choice; it

can affect each and every member of the society despite of his or her socio-economic status.

It can affect any person who at the time when arrest is being conducted is found around the

area. Since police officers are persons responsible for conducting arrest, they are persons

who are directly responsible to take care of the problem. They should avoid as much as

practicable to arrest persons whom they do not have reasonable cause so to arrest.

1.2 STATEMENT OF THE PROBLEM

An arrest is the total restraint of the personal liberty of another whether by constraining him,

or by compelling him to go to a particular place or by conferring him in a particular place or

by detaining him in a public place3. In the sense that used in the Police work, arrest means

the total restraint of the person’s liberty in the public interest. For example the arrested

person can be brought before a court to answer a charge or to prevent him from committing

a crime. The popular notion of arrest is a person being seized and taken by force to the

police station.

The law governing arrest is criminal procedure Act under section (11)4 that provides for how

arrest should be made by actually touching or confining the body of the person being

arrested unless there is submission to the custody by word or action. Section 12 of the

Criminal Procedure Act5 stipulates that the person arrested should not be subjected to more

restraint than is necessary to prevent his escape. Section 2 of the Criminal Procedure Act6

provides categories of arrest as (a) arrest able offences. These are offences in which a Police

3 Police journal Vol. XI No.1-January,1961 pg.23

4 Ibid

5 Ibid

6 Ibid

3

Officer can arrest without warrant (b) warrant offences. These are offences which a police

officer may not arrest without warrant.

The problem within section 2 of criminal procedure Act7 is that the discrepancies exist in the

practice of the law since the law allows the police officers to arrest without warrant, hence,

giving a loophole for misusing such power by arresting citizens randomly. Arrest without

warrant leads to misuse of power of arrest by police officers. Therefore the researcher

became interested to the problem so as to focus on the law relating to arrest in order to

identify that whether the random arrest is influenced law of arrest or not.

1.3 RESEARCH HYPOTHESES

The research is guided by the following assumptions.

1. Whether random arrest is influenced by corruption.

2. Whether random arrest is influenced by ignorance of the law.

3. Whether it is influenced by the wishes of subordinate officer.

1.4 LITERATURE REVIEW

This part of study is concerned with different views from different authors who have written

in relation to a particular topic at hand. This research proposal intends to review only few of

them who in one way or another have directly pinpointed in relation to this particular topic.

Shivji,I8 in his book titled coercion and freedom in Tanzania was of the opinion that, the law

is expressed in use or the apprehension of the use of force. The author argues that, the same

should be exercised in relation to justice and right rather than force and that the state officers

should refrain from any act against human dignity and freedom from cruel, inhuman or

degrading treatment. As opposed to Prof. Shivji, this research proposal intends to go further

and discuss the problems associated with random arrest so as to ensure that only persons

who commit crimes are the ones to be arrested.

7 Ibid

8 Shivji,I State and Coercion,pg 87

4

Mchome, E9 in his book titled Criminal Law and Procedure considerably wrote in extensor

in relation to matters and procedures of arrest. He made it clear that, unreasonable force

should be used only were it is necessary and that a person to be arrested has a right to resist

arrest if the person affecting arrest fails to tell him the grounds of such arrest10. This research

proposal intends to go further and explain that random arrest is also unlawful since the

principles relating to arrest is not to arrest any person in street but only a person who the

investigator has reasonable and justified suspicion that he has committee an offence.

Makoye, M in his LL.B research paper presented at the Open University of Tanzania in

2003 wrote in relation to the Police Powers of Arrest and Detection of Criminals in

Tanzania: Legal Limitation and Practice. In his paper he discussed the powers of arrest by

the Police under different laws11. As opposed to Mr. Leonard, this research proposal shall go

further and explain the problems relating to random arrest by a number of suspects without

conducting or ascertaining the participation of each and particular person so arrested.

Mwarabu, M in his LL.B research paper presented at the Open University of Tanzania in

2003 made a thorough discussion on the exercise of power by the Police; he made a critical

appraisal as regards police powers of arrest and criticized the abuse of power by the Police.

In his appraisal, he was able to criticize the tendency of police to exercise power of arrest

without warrant and without giving the person so arrested the right to know the reasons for

the arrest. To emphasize on the matter, the author reported that, one of his respondent

appeared to have justified this abuse when he told him that it is sufficient for a Police

Officer affecting arrest to inform the person so arrested that he will know the reasons for the

arrest at the Police Station (utajua kituoni)12. The respondent went further to tell him that if

one dares to resist arrest on the ground that he wants to know the reasons for the arrest

would attract a series of charges against him.

This research proposal regards with concern the views put forward by Mr. Mvungi Mwarabu

and it goes further to elaborate that the abuse extends to arrest of persons who are purely

innocent and nevertheless connected with the crime. 9 Mchome, E Criminal Procedure, OUT part III pg 34

10 Ibid p.65

11 Makoye.L.M.M, Police Powers of Arrest and Detection of Criminals in Tanzania, pp.13

12 Mwarabu D.P.M, The Exercise of Powers by the Police: A Critical Appraisal, pp.11

5

Revina, P in her LL.B dissertation submitted at the University of Dar es Salaam wrote as

regards violation of criminal procedure in investigation of crime by the police. Among other

things, she was able to analyze clearly powers and duties of the police when investigating

crimes13. In her critical analysis, she was of the considered view that arrest is the beginning

of imprisonment and she accepted this by citing the case of Christie v. Leachinsky14. But she

overlooked to see that persons arrested without reasonable suspicion in the incidences of

random arrest are imprisoned without cause, this research proposal lawfully intends to cover

these lacunae.

Emmanuel, K in his LL.B research paper presented at the University of Dar es Salaam wrote

among other things that overcrowding in Prisons can be reduced by the use of community

service form of punishment15. However, the author failed to point that random arrest is the

major cause of prisons congestion as most of prisons in Tanzania have a large number of

remandees rather than convicted prisoners. This research proposal intends to fill the vacuum

by discussing the problems of random arrest in relation to congestion of prisons since most

of the accused persons arrested during the random arrest do face reconditions because of

failure to communicate their arrest to their relatives given the fact that random arrest is

normally a sudden arrest.

1.5 THE SIGNIFICANCE OF THE STUDY

This study is basically directed to the investigation apparatus of the state namely the

Tanzania Police Force so as to awaken them to identify the modern and more accurate

procedures of investigation also to examine the areas of weaknesses and finally to

recommend on how arrest of suspects can be affected more effectively without causing

undue trouble to innocent persons. It is necessary to conduct this research in question

because random arrest has been a cause of serious problems among members of the

community. The persons arrested do lose their social reputation, their family economic

status are affected since great efforts are adopted to rescue the person arrested from

servitude environment of the Police or Prison custody, it contributes to child delinquency

13

Revina.P, Violation of Criminal Procedure in Investigation of Crimes by the Police, pp.16 14

[1947 AC 573] at p.600 15

Emmanuel k., Overcrowded Prisons and the Role of Parole Boards in Tanzania, pg 25

6

due to lack of parental care in case parents are randomly arrested, and sometimes it leads to

family breakdown especially when an arrested person is implicated with a serious offence

which culminates to a prolonged investigation. Therefore it is very important to conduct a

thorough research aimed at finding the proper anymore accurate means of conducting

investigation which is not likely to infringe the individuals’ liberty unreasonably.

1.6. OBJECTIVES OF THE RESEARCH The research had been guided by the following objectives

1.6.1 GENERAL OBJECTIVES To examine the law relating to random arrest

1.6.2 SPECIFIC OBJECTIVES (I) To explore lacunae existing in the law relating to random arrest

(II) To establish facts and recommendations

1.7 SCOPE OF THE STUDY The scope of the study entails on the evaluation of effective operation of the laws that vest

powers of arrest to the police officers. The study shall be conducted in Kagera Region and

basically in the Bukoba Central Police Station, Bukoba District Prison, and the District

Court at Bukoba, the High Court, and the Community at large.

1.8 METHODOLOGY The methods which had been used to procure relevant information throughout this research

paper involved Library and Field Study.

1.8.1 LIBRARY RESEARCH The method involved intensive perusing and reading relevant literatures relating to the

investigation of crime and arrest of suspects, these include text books, journals, magazines,

news papers, and statutes. The Kagera Regional Library shall be the main resource centre.

1.8.2 FIELD RESEARCH The study had been conducted in Kagera Region and more specifically in Bukoba

Municipality whereby the researcher interviewed The Kagera Regional Police Commander,

The Kagera Regional Crime Officer, The OCS of Bukoba municipal council and Advocates

based at Bukoba municipality.

7

CHAPTER TWO

THE LAW OF ARREST

2.1: Introduction: Arbitrary arrests derogate human dignity and personal freedom which is a cherished right in

the constitution of Tanzania 1977. This right is the right in the constitution Provisions in

Article 12-2416 are intended to cater for this. Circumstances may however demand the arrest

of a person and should a situational case of this nature demand so then the powers conferred

on the police should be used sparingly, cautiously, judiciously and correctly.

The police should be well versed on the law of arrest so that no guesswork is allowed when

they exercise powers of arrest, search, seizure and detention.

In this chapter we have looked at the varied nature of these powers mainly in the penal code

cap 16 which is the criminal legislation of mainland Tanzania and a few other acts which

confer varying powers of arrests.

The chapter has been divided in five parts the first part deviling on the constituents of what

an arrest is. The second part will touch on the distraction between warrant offences and

non-warrant offences and will draw out the number of warrant offences in the penal code.

Part three will dwell on circumstances surrounding police arrest and final dwell on the

aspects of accountability divulging from powers of arrest and our conclusion.

2.2What is an arrest17 “The word arrest” In its definitional concept in as for as we want to

discuss it in this chapter means legal apprehension and seizure or stoppage of a person by

the police?

The powers of arrest as provided by law in the criminal procedure act and other legislated

laws are indeed very strong powers and may be abused and in practical arbitrarily and

without limitation. The abuse on these powers may come about sheer negligence

indifference or poor training. We have thus set to discuss what these rules are and what on

the limitations provided by these rules.

16

1977 United Republic of Tanzania Constitution as amended. 17

PFO. Cap 322

8

An arrest is the total restraint of the personal liberty of another whether constraining him or

by compelling him to go to a particular place or by detaining him in a public place. In these

sense that if used in police works, arrest means the total restraint of a person’s Liberty in

Public interest for example so that the arrested person can be brought before a court to

answer a charge or to prevent him from committing a crime or in some can prevent him

from committing injury to himself.

An arrest is no less an arrest because the period of detention is short. The popular notion of

arrest is of a person being seized and taken by force to a police station. The criminal

procedure act in section 1118 provides for how an arrest should be made by actually touching

or confining the body of the person being arrested unless there is submission on the custody

by word or action. Section makes further elaboration that all means should be used to effect

the arrest where the person to be arrested forcibly resist the Endeavour to arrest. Section 12

of the CPA19 stipulates that the person arrested should not be subjected to more restraint

than is necessary to prevent his escape.

But in general practice an arrest will often be made without physical contact between the

arrester and arrested. Very many arrests are made of unresisting citizens who fully aware of

what they have done and of the consequences accompany an officer to a police station

without an attempt to escape.

For the purpose of arrest offences are grouped into two categories. Offences which a police

officer can arrest without warrant are called arrest able offences. Those which a police

officer can only arrest if he has a warrant of arrest are called warrant offences. In the contest

on the interpretation in section 2 of the CPA20 a “warrant offence” means an offence for

which a police officer many not arrest without warrant and a “warrant offence” means an

offence for which a police officer may arrest without a warrant. The first schedule to the

CPA enlists all offences in the penal code with clear indications as to which of those

offences are warrant offences and non

18

Ibid 19

Ibid 20

Ibid

9

Warrant offences. We have extracted under schedule of “Appendix A” All the warrant

offence under the penal code. The first schedule part B provides for similar distinctions for

offences under laws other than under the penal code. For offences under laws other than the

penal code one has to read through the particular legislation identify the stipulated offences

the punishment awarded and where provided the particular powers of arrest it is however

common in much enactment to find no particular mention about powers of arrests. And yet

in others the powers of arrest where provided are delegated to a particular grade of police

officer.

The penal code contains well over three hundred offences. It means therefore that the

majority of offences the legally arrest able without warrant. The reason for this is not

difficult to find. While the police are constantly available for action may striates or justices

of the peace may only be available for a limited period in each day and many practical

situations demand urgent action.

But the varied nature of the laws of the country may make it very hard for the policemen to

know all the warrant offences off head. Powers of arrest in other applied laws are outside of

the penal code.

We have observed that the general powers of arrest without warrant conferred to the police

are covered under sect 1 (a)-(h) of the criminal procedure act21. The first schedule to the

CPA draws distinctly which offences under the penal code are warrant offences and which

are non-warrant offences. We have further seen that under part B of the first schedule to the

CPA there is a given general guidance as to this power.

We have taken the burden of revisiting some few legislation which we feel worth of drawing

our attention to as the laws in question are of common application by the police in their day

to day activities. We have touched on the read traffic act the wildlife act the intoxicating

liquors act the fishers act and the business licensing act.

Generally every police officer is individually responsible for whatever arrests makes.

Basically under any law a policeman should only arrest where he is qualified to arrest. But

21

Ibid

10

we have observed in the field that he arrests without warrant because in the majority of

instances he does not know what he is not supposed to.

2.3The road Traffic Act 1973 Under section 110 of the Act22 a police officer may arrest without warrant the driver or the

person in-charge of a vehicle, carriage or animal who commits an offence under the act

within the view of such a police officer. But it strictly stipulated that the arrest should only

be done where:

(a) The offender refuses to give his name and address or

(b) The police officer has reason to believe that the name or address so given is false or

(c) The police officer has reason to suspect that the offender will abscond; or

(d) Where the vehicle is a motor vehicle or tractor if it does not bear identification

marks.

The most common offences under this Act include diving without licenses diving under the

influence of alcohol, diving defective motor vehicles causing bodily injury or death through

careless or dangerous diving, wrongful parking contravention of traffic signs, and failing to

stop when so signaled by the police. But the basic requirement is that the offences must be

committee in the view of the police officer. Where for example a car owner parks a car

where he is not supposed to and someone dissatisfied of this conduct rings the traffic police

should the police come and find that he has already taken off but his car number noted down

the police would not be justified to arrest him for that offence of wrongful parking because

the offence was not committed in the view of the police.

In the case of Jumanne Masudi V. R23 the accused was driving his motor vehicle at a very

high speed when there were a number of persons on the road. A policeman signaled him to

stop but accused ignored this signal and was consequently charged and convicted of failure

to obey a policeman in uniform under section 58 (9) and 7024 of the traffic ordinance .

22

Ibid 23

TLR No.112 24

The Road Traffic Act, Cap. 34,1973

11

The section provides that where a police officer is engaged in the regulation of traffic any

person driving who neglects or refuses to stop the vehicle when directed to do so by a police

officer shall be guilty of an offence.

On appeal the court held that the basic requirement under the section is that the policeman

should be engaged in the “regulation of traffic” that a driver would be held to have

committed an offence in his view should he fail to stop? But in the case as he was not so

engaged and was merely a bystander among the crowed the conviction was quashed. It is

common practice by the traffic police in this country to readily arrest offenders under this

act and detain them. Section 11025 of the Acts cautions them not to readily do so. The best

recourse is to find out the name address of the offender. He should only be arrested where

he refuses to give his name and address and as vehicles are all registered it is very rare

practice that a driver should give a false name in cases involving accidents the temptation to

abscond is always there and here often times police would prefer an arrest till they sort

matters out.

2.4The Tanzania/Zambia Railway Act-1975 Under the Tanzania Zambia Railway Act section 10026 empowers authorized officer of the

Authority or a police officer to arrest any person who obstructs any train endangers the

safety of the rail is found in a restricted premise of the authority, travels on the train without

ticket being a passenger refuses to obey any lawful direction by an employee of the

authority, forges a ticket for being an employee of the authority causes dangerous situation

by neglect of duty.

But for other offences under the act other those I have mentioned the arrest without warrant

is allowed only where the person arrested refuses to give his true name or address or is

suspected that he may abscond for example under section 95 of the Act27, drunkenness on

duty is an offence sop an employee who is found drunk on the train the police should not

arrest him but only request his basis of an indentify card then the police would not be

justified to arrest him.

25

The Tanzania/ Zambia Railway Act Cap.123,1975 26

Ibid 27

Ibid

12

2.5 The wildlife Act – 1974 Common offences under this Act include unlawful dealings in trophies unlawful methods of

hunting killing of young animals wounding of animals and falsification of game licenses.

The game department has a special ant poaching unit to deal with many situations but police

officers are also regarded as authorized officers under the Act. Under section 74 of the Act 28the police can stop and detain any person and seize any animal meat trophy weapon,

license permit vehicle, vessel, or aircraft in the possession or any person for the purpose of

enforcing the act. But for the purpose of arrest the person should not be arrested without

warrant “Unless he fails to furnish it writing his name and address and otherwise satisfies

the authorized officer that he will duly answer any summons or other proceedings which

may be taken against him”.

This Act provides for substantial punishment and these are a strong outcry in the country

against poaching and dealing in trophies which are a foreign exchange earner. Should the

police really let loose the main they intercept with say one hundred elephant tusks worth

about Tsh.300,000/= on the assumption that he will answer to a summons. How about if he

absconds?

How about if an allegation of corruption is mad against the police? Is this really not one of

those serious offences where the police should conduct further enquiries? The police have

always preferred to arrest and detain as it happened in the case of Said Salum and another V.

R29.The facts of this case were that on 21/08/1975 acting on information the police searched

the three rooms rented by the appellant who normally did not live or stay in the rooms as he

had another house somewhere Keys to the rooms. Appellant retained the duplicate keys to

all the three rooms of his. In room No 2 rented by the appellant were recovered 180 rifle

bullets and in the country and were found 21 elephant tasks. Appellant and his two co-

tenants were then charged jointly for the illegal possession of these items. A case of this

nature definitely requires sorting out as the chances to disclaim responsibility with the

tenants are certain. So is the same with the driver who is hired to carry elephant tasks

loaded in charcoal bags could easily claim lack of knowledge of the contents other than

charcoal. 28

The Wildlife ACT, Cap.67,1974 29

TLR 234

13

2.6The intoxicating liquors Act - 1968 Under this Act the following an common day to today offences illegally manufacture of sale

of intoxicating liquor, supplying intoxicating to a person under the age of 16 years,

employing persons under the age of 16 years, drunkenness on 1 licensed premises, use of

licensed premises as brothel supply of intoxicating liquor to police officers and infringement

of conditions of license.

For the purpose of prevention and detection of such offence under the Act certain powers are

exclusive to police officers of specified ranks only for example under section 83 of the Act30

only a police officer of the rank of sub inspector. Is authorized at any time to enter on and

inspect any licensed premises and any premises approved for the storage of intoxicating

liquor for the purpose of preventing or detecting of offence and may require the license for

the premises to be produced for his inspection.

A police constable for the matter is not so authorized. A police officer of this rank can only

enter such premises where he is called on by a sudden emergency as say to quell a fight or to

remove a drunkard under section 74 (2) of the Act31. In fact section 76 of the Act32 does not

allow police officers below the rank of Assistant superintendent while on duty to enter or

remain on such premises unless for the purpose of keeping or restoring order or in the

execution of duty. A police constable would only pay a passing eye should he find such

premise for example open outside authorized hours.

2.7The fisheries Act 1970 Under this Act section 9 (17) (d)33 empowers a police officer of or above the rank of

inspector without warrant to “arrest any person who he reasonably suspects of having

committed any offence under this Act or any subsidiary legislation made here under or of

being about to commit such offence” the police officer is empowered to board and search

any vessel or vehicle he is empowered to enter any premises or building and he is further

empowered to seize remove and detain any fish acquit flora, fish products of fishing gear

30

The Intoxicating Liquor Act,Cap345,1968 31

Ibid 32

Ibid 33

The Fisheries Act,Cap.23,1972

14

that may constitutes evidence connected with offences under this Act. A police constable

does not possess such power.

2.8The Business licensing Act – 1972 Section 15 of this Act34 Empowers only a police officer of or above the rank of inspector to

enter on any premises on which he may reasonably suspect any person of carrying on any

business and may require such a person to produce to him the business licenses. Common

offences under the Act include, Carrying on business without being the holder of a valid

license, carrying on business at place not specified in valid business license, failure to

produce a license when so requested, false declaration on application for a licensed. Under

this law for example a police constable would not be justified to enter into a stop and

enquire and request to be produced to him a business license.

Others The legislation I have cited is but a few of the many varied legislation in this country which

confer discriminating power of arrest to police officers. Example under food (control

Quality), Act35 an authorized officer of or above the rank of corporal is authorized to take

samples. An officer of the rank of the constable has no power absolutely.

Under the regulation of prices Act36 of power of endorsement against contraventions are

given to a police officer of or above the rank of assistant inspector or to a police officer

below this rank who must have been given powers by such assistant inspector in writing.

The discriminating powers of arrests under such act invite inaction from the police in the

majority of cases and sometimes make comprehension of the varied laws quite difficult

possibly a more workable solution would be to provide powers of arrest to the police

generally for all indictable offences.

2.9 CIRCUMSTANCE SURROUNDING POLICE ARREST Generally speaking if a policeman decides to arrest he should tell the person arrested the true

reason of his arrest. The policeman should not keep the reason to himself or to give a reason 34

Cap.456,1972 35

Cap.96,1978 36

Cap.78,1973

15

which is not true reason. As was held in the case of Chris tic V. Leachinsky37 that a citizen

is entitled to know on what change on suspicion of what crime he is seized. In this case the

court draw out the following propositions which have been cited with approval in East

Africa in the case of Mwangi Jorge in leachinsky’s case38 the court observed and I will

quote.

i. “If a policeman arrests without warrant upon reasonable suspicion of crime of a sort

which does not require a warrant he must in ordinary circumstances inform the

person arrested of the true grounds of arrests. He is not entitled to keep the

reason to himself or to give a reason which is not true reason. In other words the

citizen is entitled to know on what change or on suspicion of what crime he is

seized.

ii. If the citizen is not informed but is nevertheless seized the policeman apart from

certain exceptions is liable for false imprison.

In the case of Duster the accused wife complained to the Native authority. Cause that her

husband had beaten her and given her a swollen eye. As a result three court messengers

who had not power of arrest above those of an ordinary citizen we out to find the accused

and attempted to arrest him without telling him why the accused resisted and in the scuffle,

pulled out a hand knife and stabbed one of the messengers in the arm. He was convicted of

unlawful wounding on appeal the conviction was quashed on the grounds among others that

as he was not told the reason for his arrest he was entitled to resist.

In the case of Nicas Luhenga39 the police had received complaint that the accused had

threatened to shoot of one village one Kanyamala with an arrow the police ser a contingent

of six policemen armed with various weapons to arrest the accused the police approached

the accused house secretly and surrounded it apparently the surprise him. The being blind

Unaware of the nature and character of those purporting to arrest him chose to resist the

forceful attempt to arrest him in se defense. In the encounter he shot one of the policemen

with an arrow on the buttocks and as he was running away he himself was wounded by

37

(1947)1 ALL ER 5667 38

(194) 21 EA CA 377 39

(1983)TLR 434

16

gunshot during his attempt to run away from the invaders. He was arrested and charged

with unlawful wounding.

Acquitting the accused Lugakingira J. Held “In law every person is entitled to defend

himself and his property against unwarranted attack so long as he uses more than reasonable

force” He went on to assert. “Since the accused used an arrow to answer the might of a gun

it cannot be said that he exceeded himself in doing what he did”. He then concluded: The

Askaris did not identify themselves or all upon the accused surrender this was a show of

paw sort of exercise”. In yet another case of Muhumba Kamaya V. R40 the court held. “The

power of arrest and the circumstances in which such power cannot exercise to deprive a

person of his liberty must be clearly spelt out and cannot be reduced from any so called

intendment”.

The facts of this case were that the village chairman had sent four militiamen to arrest the

appellant because he had not taken part in a village development program. One of the issues

in this case was wither the militiamen was justified in going for and arresting the appellant.

The appeal court put it strong.

“The village chairman or the village committee or the militiamen had no power of arrest and

the president had no exercised his discretion in granting any judicial quasi-judicial or

administrative powers to the village committee in terms of section 18 of Act41. The court

held that the appellant had no committed any act which would result in his being arrested

with or without a warrant”. The appellant was, however, convicted for manslaughter and

sentenced to 3 years on the ground that he had used excessive force in legitimate self

defense in terms of the provisions of section 18 (B) (3)42 of the penal code.

These cases illustrate the fact that a person should always be told of the reason why he is

being arrested. The propositions were adopted long back in East Africa in the case of

Mwangi Njoroge were it was held that a person arrested without warrant is entitle to be told

at the time of arrest or within a reasonable time after the arrest of the true grounds for the

crime he is supposed to have committed unless of course the circumstances are much that he

40

(1984)TLR 325 41

Cap.21,1975 42

Cap.20 R.E (2002)

17

must already know this or if he makes in practically impossible by running away or

immediately launching an attack. Where the arrested person is not informed he is entitled to

resist and the arresting part may be liable for false imprisonment. The facts of this case

were that on 2nd August 1984 at about 8. Pm two police officer searched the appellants

house and arrested him having no recovered anything to what they were looking for and for

which subject matter the appellant was not informed.

2.9POLICE POWERS OF ARREST One important power given to the police is the power of arrest this is the most important

power which enables a police officer to deprive a person of his Liberty and freedom by

putting that person under restraint. The criminal procedure act 1985 (here in after called

CPA) gives power of arrest to police officer with or without warrant of arrest.

For arrest able offences the procedure for arrest is simple. If a police officer has reasonable

ground to suspect that a person has committed an offence he will proceed forthwith to arrest

him. But where the offence is a non-arrest able one the police officer has two option. Either

to secure summons from a magistrate or justice of peace requiring the suspect to appear

before the court or to secure a warrant of arrest and there after proceed to arrest the suspect.

Experience shows that. Very rarely police apply to have warrant of arrest issued. Persons

are just arrested without warrant of arrest even where the offence is non-arrest able. Many

people believe that so long as the police have powers to arrest they can arrest 9 for whatever

offence alleged to have been committed one respondent in my interview stated that in fact

this observation has merit.

However, It is not a new phenomenon to find police duplicating charges to accused persons

especially where the accused was resisting an Endeavour to be arreste9 for whatever offence

alleged to have been committed one respondent in my interview stated that in fact this

observation has merit. It is not a new phenomenon to find police duplicating charges to

accused persons especially where the accused was resisting an Endeavour to be arrested.

A part from this power of arrest the CPA provides methods of arrest. It is provided as

follow:- In making an arrest the police officer or other person making the arrest shall

actually touch or confine the body of the person being arrested unless there is a submission

18

to the custody by word or Action. This in order for an arrest to be constituted without

touching clear words intimating that the person is under arrest must be used and such words

must be understood by the arrestee.

The CPA provides also that “a person who arrested another person shall at the time of the

arrest inform that other persons of the offence for which he is arrested. Unless by reason of

the circumstance in which he is arrested that person ought to know the substance of the

offence for which he is arrested or it is impracticable for the person affecting the arrest to

inform him of the offence.

So where that person being arrested is informed of the offence for which he is being arrested

and consequently voluntarily submits himself there is no need to touch or confine the body

of that person. And in addition where the arrestee submits himself no force need to be used.

But if the arrestee forcibly resists the endeavor to arrest him or attempts to evade the arrest

the police officer making the arrest in entailed to use

“All means necessary to effect the arrest” it is submitted that this provisions however is to

be read together with S. 2143. Under the latter provision the CPA categorically state that.

21. (I) A police officer or other person shall not in the course of arresting a person use more

force or subject the person to greater indignity than is necessary to the arrest or to prevent

the escape of the person after he has been arrested.

(2) Without limiting the application of sub-section [1] a police officer shall not in the course

of arresting a person do an act likely to cause the death of that person, unless the police

officer believes on reasonable grounds that the doing of that act is necessary to protect

life or to prevent serious injury to some other person.

It has been argued that all these provision were meant to prevent arbitrary arrests. Having

the bill of right into the country constitution it is useful to check powers. As power of arrest

has a potentially great detrimental effect upon a person’s life. Liberty and privacy the law

governing arrest must be employed in that manner provided for in the bill of right.

43

Ibid p.1

19

The issue, however is whether police officer wills execute their duties observe the above

stated guidelines. It is common knowledge that many police officer do not inform arrestee

the offences or even grounds for which they are arrested. Where the arrestee seeks to know

for what offence or reasons he is being arrested he will be told “you will be informed in the

police station” (see the second annexure).

The question of using force by police is common that no strings of statistics is required to

establish the police do use unnecessary force even where the arrestee does not forcibly

resists the arrest. It is not uncommon to find one person being arrested by more than two

police officers coupled with a lot of beatings by the police using their truncheons.

Sometimes police be open fire to arrest a person or persons even under situations where it is

not necessary and this cause death. The incident that happened at Darajani in Zanzibar in

the weeks between the main polls of 2000 and the re-run in the 16 constituencies is still

remembered by many. The police in full riot gear fired tears gas, rubber bullets and live

communication at the demonstrations gathered on creek road right in the center of Zanzibar

town. In fact these situations do not augur well with the duty of the police to maintain law

and order. In other jurisdictions the provisions on the use of force to the extent of causing

death has been declared unconstitutional by the courts

CHAPTER III

LEGAL LIMITATION ON POWERS OF ARREST AND DETENTION:

3.1 Introduction Arrest and detention of suspect criminal’s touches on the fundamental basic human right as

provided for in Articles 12-2444 of the constitution of Tanzania 1977.

The empowering scope under section 5 (4)45 of cap 322 of the police force ordinance on the

authority of the law to apprehend and guard criminal suspects should strike a reasonable

balance between the interests of the state and those of the individual. Indiscriminate police

arrest and detention reflect negatively on state power in arrest much as they may reflect a

44

Ibid pg. 7 45

PFO,Cap 322

20

direct abuse to the legal process. Unqualified arbitrary arrests and detentions derogate

human dignity and personal freedom.

It has however been observed on many occasions that this critical balance of the interest of

the state and those of its citizens has included the expertise of many police officers who in

the majority of cases effect arrest without being conscious of self respect to the individual

human rights and his rights under the constitution.

Suspects are not proven criminals they remain innocent until the criminal judicial systems

labels then so. Article 13 (6) (b)46 of the constitution of Tanzania 1977 provides in emphatic

language that no person charged with a criminal offence shall be treated as guilty of the

offence until proved guilty of that offence.

In this chapter we have carefully elaborated on the legal limitations on power of arrest and

detention as methodically provided in the police ordinance and the police General orders the

provision in the police force ordinance under section 5 (4)47 entitling the police to carry arms

in the performance of their duties is not an outright blanket approval for them to use

indiscriminate unwarranted force criminal suspects.

3.2 Police in Tanzania One of the major roles of any state is to protect its citizens against internal and external

aggression. The Tanzania Police force was established by the police force and auxiliary

Act48 to ensure the public security, safety and protection inhabitants of both life and property

of all inhabitants of Tanzania. Furthermore, Police force is vested with power to regulate

and control the flow of traffic within town and to reduce the impact of the crime on the

community through investigation, apprehension and adjudication of persons involved in the

criminal offences. Section (5)49 of the Police Force and Auxiliary Act provides for general

power and duties of the Tanzania Police Force including the maintenance and prevention of

peace law and order, the apprehension and guarding of offenders, the prevention and

protection of Property .

46

Ibid p.7 47

Ibid 48

Cap 322 R.E 2002 of the law of Tanzania 49

Ibid

21

The duties and powers of police force are provided for by other laws and regulations

including the Police General Orders and Police Service Regulations. These Regulations deal

with the conduct and welfare of Police Officers. Police Powers also came from the Criminal

Procedure Act50, which grants power to investigate, search and arrest and the people Militia

Act51 which give powers to arrest.

3.3 Crime Prevention, Capacity and Community Perception. Tanzania Police force has been condemned for abuse of powers given to it by the Criminal

Procedure Act52. Despite that the Act providing a number of safeguards against abuse, the

implementation of the Criminal Procedure Act53 Police misconduct against the public has

created mistrust between the police and the community. Prior to introduction of community

police (police jamii)54. For many years, the relationships between citizens and police have

been in conflict. There is general perception that people no longer cooperate with police in

crime prevention activities due to lack of confidentiality within the police department. Police

brutality against suspects and innocent citizens has also widened enmity between police and

the community. Therefore the perceptional that the police are opposed to the interests of the

community has reduced the capacity of police to investigate and prevent crime.

Mwema, S holds that even though crime prevention capacity in Tanzania is growing, there

are still serious problem with property -related offences that the police force has failed to

address. The capacity of the police to deal with new, modern crimes like cyber and trans-

nations crime is still very poor in the period before and after the 2005, level of crime and

fear of crime rose throughout the country. At the same time levels of public trust and

confidence in the police continued to drop55.

50

Ibid. p.5 51

Cap. 20 R.E 2002 52

Ibid p.1 53

Ibid p.1 54

The vision of the community policing is to enable communities and other stakeholders to have direct

involvement in setting local police priorities, in exchange for their cooperation and participation in efforts to

prevent and reduce crimes and communities 55

Mwema,S Inspector General of Police “challenges of enhancing performance and responsiveness in the

Police force” Paper presented at the national convention on public sector reforms on achieving rapid results

in public sector reforms at ubungo plaza on 18th

June,2008,page 2

22

Mwema, S56 further holds that notably, a good relationship has been re-established between

police and the community after the introduction of community policing (police jamii) and

human rights courses in almost all police colleges in Tanzania. The police force is now

undertaking several reforms, focusing on three major areas which are community policing,

professionalism and modernization. According to helping the police management according

to the present and future needs of the populations that the police serve, increasing self-

control and self-direction for all personnel within the force and keeping the police force

close to the public. Community policing, commonly known as “community policy” is not a

new programme in Tanzania. The vision of community policing is to enable communities

and other stakeholders to have direct involvement in setting local public safety and security

priorities. This is done in exchange for their cooperation and participation in effort to

prevent and reduce crime in the communities.

3.4 Challenges facing the police force in Tanzania LHRC57 stated that The Tanzania Police faces other challenges, such as lack of human

resource management system, institution framework and financial resources. Other

challenges including poor investigation technique, corruption, poor record keeping,

especially for criminal records, poor salaries and housing allowance. Overwhelming

bureaucratic procedures, pressure from political quarters and lack of specialization among

officers.

Mwema, S58 was quoted remarked that “these problems affect the efficiency and effectives

of the police in terms of its management, administration and above all its ability to discharge

its function”

3.4.1 Corruption and Abuse of Power by Police Officers Transparency international59 defines corruption as a moral decay, wicked behavior, putridity

or rottenness”. The concept may have a physical reference, as in “the destruction or spoiling

56

Mwema,S Op cit page no.23 57

LHRC’s report(2010), page 234 58

Loc cit, page 35 59

The Global Coalition against corruption. Available at http://www.ichrp.org/reports files/40/131-

web.pdf(visited November 22,2013)

23

of anything, especially by disintegration or by decomposition of integrity with its attendance

unwholesomeness and loathsomeness; putrefaction” or moral significance, as in “moral

deterioration or decay, the prevention or destruction of integrity in the discharge of public

duties by bribery or favors. But a widely accepted definition of corruption is the one used by

the World Bank defined as “the abuse of public power for private benefit”.

Corruption is classified into two categories.

(a) Grand corruption and

(b) Petty corruption

Grand corruption refers to the corruption of heads of state, ministers, and top officials and

usually involves large amounts of asserts60 Petty Corruption also called “ law” and “ street”

corruption indicates the kind of corruption that people experience in their encounters with

public officials and when they use public services especially police officers.61 The notion of

petty corruption is influencing the police officer to abuse the power in relation to arrest.

“The policeman who arrested the plaintiff cleanly usurped power which he does not have”

The question of arresting a person purportedly over an officer which he has not committed

was demonstrated in the Case of Feyya Mipawa V. Attorney general &ASP Lazaro62 where

by complainant was awarded Tsh.421, 452/= in damage following his arrest and

consequential remand in custody for 13 months on an alleged charge of murder which the

police knew very well that he never committed. The deceased had died out of natural cause

identified as bronchial asthma. We this call random arrest because the police arresting

without having any suspicions ground to a person so arrested. In awarding damages the

court said: “evidently, it is a chillingly sad story. And perhaps one cannot help but get

feeling that the whole thing was orchestrated, indeed if nothing else, this could be a text

back example of how a powerful can with a total scorn for civil rights and with singleness of

60

Ant Corruption recourse centre: Available at : http://www.u4.no/document/glossary.cfm (visited on 22

November 2013 61

Ibid 62

(1988) TLR 344

24

purpose, cause the machinery of criminal law to operate against a completely innocent

subject.

In yet another police case file which I have had opportunity to read the following

instructions to arrest and detain were issued by a District CID Officer to his subordinates in

the following words:

“4/10/78/ to detective………………………….

…………………………

…………………………

“Would you to gather take the responsibility of searching into the house of the following

people……………….. The way this people carry themselves around this town has become

quite suspicious. So you should arrest them and……………….in them with any charge of

alleged murder and have them remanded in custody during which period we should be in the

position to assess whether incidences of crime in this town will drop down. This case was

repotted case of armed robbery and not murder as this officer was directing his subordinate

to do that which is unlawful.

This practice as a mode of controlling crime should be deplored. The police are not qualified

to arrest a person for the sake of it. The instruction is cut righty unlawful and in terms of

section (27)63 of the Police Force Ordinance those receiving them would be justified to

disobey them.

Chipeta, B.D64maintains that in dealing with problem the police are always apprehensive of

the fact that the accused or the suspect may interfere with witness. In some situation

depending on the nature of the case the police will not have initiated the process of

investigation. Fore example they may not have searched the suspects premises as yet

following arrest, they may have not recorded witness statement, they may not even have an

63

Ibid p.1 64

Chipeta,B.D A handbook for public prosecutor, pg 123

25

identification parade, or they may not even have made headway as to whether they are

holding the right person. Bail should not be lightly refused. It is our view that the police

should be enlightened by the numerous courts’ decision on the subject of the bail.

Chipeta, B.D65 further holds that five keynote factors that should act as guardlines when

considering the bail problem.

3.3The latter of the provisions in the criminal procedure Act. The penal code, the police force ordinance and the police General orders is very clear and

this is that powers of arrests and detention have legal limitations and must be exercised

within those legal limitations. In this chapter we have thus examined the legal limitations on

the powers of arrest and detention under the scope of the following discussion. The criminal

procedure Act66. In many ways appeared to undermine to the protection of the human rights

guaranteed by the constitution of Tanzania.

3.4 The criminal procedure Act 1985 As discussed earlier in chapter II the Criminal procedure Act 1985 draws a vivid distinction

between warrant offences and non warrant offences as regards powers of arrests. Section

1467 of CPA (Act No. 9 of 1985) elaborates or circumstances upon which a police officer in

his personal capacity and individually placed can arrest without warrant. The section calls

for an understanding on the part of the policeman that under no circumstances should the

policemen transgress outside of this provision. The provisions should not be circumvented

by the implication of double standard.

Likewise the use of force in affecting arrest is to be interpreted within the limits contained in

section 2168 of the CPA. There are three great pointers that come to light under this

provision.

(a) The force used in marking an arrest should be within reasonable magnitude in that it

should not be more force than is necessary.

65

Chipeta,B.D Op cit pg.45 66

Ibid p.1 67

Ibid p.1 68

Ibid p.1

26

(b) The person arrested should not be subjected to greater indignity than necessary to

make the arrest or to prevent his escape.

(c) Under no circumstances in the course of effecting arrest the police officer shall not

do an act that is likely to cause the death of that person unless there are reasonable

grounds to protect life or to prevent serious injury to some the person.

In BUK/TR/125/84 a person was seen pushing a suspected stolen car and as he refused to

stop or when requested by the police he was short on the thigh in an attempt to arrest him

but died as a result. In Ms/IR/1688/84 a policeman short, people in the course of an eviction

under vide Kisutu civil case No. 17/82 following a scuffle. In OB/IR/190/84 policemen on

patrol killed a person in an attempt to arrest him as a rogue and vagabond. In

BUK/IR/397/84 police shot a person in a scuffle over the arrest of illicit drink called

“gongo”. In yet another case in BUK/IR/397/84 policemen confronted a party of Mgambo

who had lawfully detained a vehicle with suspected stolen property and in his attempt to

arrest the Wanamgambo on what the police purported to be illegal detention of the vehicle.

The Wanamgambo refused and the policemen opened fire and killed one of them.

We would not hesitate to comment that is more reasonable to let loose the culprit of illicit

drink than risk the danger of a bullet shot. This spate of killings by the police prompted the

inspector General of police to voice concern while addressing a meeting of policemen in Dar

es Salaam and hot directed that policeman should carry truncheons as with the old practice.

Firearm he observed should be used very sparingly. On 11/02/2003 in Zanzibar a group of

Muslims belonging to the answer sunna sect who held their prayer of Idd El Haji on that day

instanced of 12/02/2003 proclaimed by the Zanzibar mufti were fired at by police. We are

rather hesitant to comment on this cause of action by the police but we would doubt how

deserving it was.

In the case of R. V. Pc Jones Wambura69 the accused a policeman in search of one peter

Selemani, the deceased, who was notorious for a series of burglaries and breakings in the

area, accused was armed with a pistol. Having come across the deceased accused Introduced

his Identity as a policeman in addition to the fact that he was dressed in uniform and told

69

(1973)LTR 52

27

deceased that he was under arrest. There upon diseased submission and started running

away. Accused fired two warning short in the air which went unheeded and by the third who

deceased was hit on the back following which wound he died. On these facts accused wash

charge with murder on an assertion that the force used was excessive.

Acquitting accused of Murder, sammata J. Held that “The accused person had ordered the

deceased this time to but on each instance the deceased ignore the order. It must have struck

the accuser’s mi that the deceased was determined to evade the arrest… regardless of the

hazards involved. Neither of the two short fired in the air appears to have convicted the

deceased he was not going to succeed in this attempt to avoid the arm of the law. It is clear

from the evidence before me that the deceased was heading towards a bushy area which no

doubt would have made the accuser’s task of arresting him even more difficult. On those

facts I am unable to hold that it was unnecessary for the accused to try to drum into the mind

of the deceased by firing over his “deceased’s head that it was important that the surrendered

himself”

Misinterpretation and misuse of law by police force

LHCR70 The law required that any person who wishes to hold an assembly in a public place

must give forty-eight 48 hours notification to the police officer in charge of the area

specifying the place, time, and purpose and any particular of the assembly as the minister

my specify from time to time. This is for the purpose of the police to keep security and order

within the area. Similarly, this notification requirement applies to political parties when they

intend to conduct public meetings in any area. The notion here is to avoid mob violence

which may lead the breach of public peace LHRC71 urges that, the police force should

device a means of making sure that the officer in charge of a particular area to give

cancellation notice timely to those institution/ individuals that it has lodged its notification

for an assembly

70

Section 43(1) of the P0lice Force and Auxiliary services Act, Cap 322 of R.E 2002 Provide for the procedures

on how to conduct a lawful assembly. 71

Section 11(1) every party which has been provisionally or fully registered shall be entitled (a) to hold and

address the public meetings in any area in united republic of Tanzania after giving notification to the police

officer in- charge of the area concerned for purpose of publicizing itself and soliciting for membership.

28

3.5 Provisions on arrest under the Penal Code. The arrest provisions discussed above under the criminal procedure Act cannot be construed

in isolation of the Provisions covered under section 1972 of the penal code titled in the notice

as “use of force in effecting arrest”. The section takes into anticipation the possibility of

force resistance by the person to be arrested or possible attempts evade the arrest as in our

case cited above of R.V Jones Wambura73. In considering whether the means us for the

arrest were necessary or the degree of force was for the apprehension of such a person, the

court shall have regard to the gravity of the offence which had been or was being committed.

Provisions of the use of force under the police force ordinance cap 322 and polite general

orders.

The police force ordained is regulatory in nature. While it empowers policemen to carry fire

arms in their discharge of duties, it at the same time, restrains them from the use of

unwarrantable force. Under the force Disciplinary code it is an offence against discipline for

a police officer to use unwarrantable personal violence to arrest a person or to ill treat a

person in custody. Cowardice is also a disciplinary offence.

It is also an offence for a policeman to discharge a fire arm without a justifiable cause. A

policeman must therefore strike a balance when dealing with a difficult situation that may

require the use of great force. This discretion must be used sparingly and judiciously.

In the course of our research we would not be, accessed to data portraying in real numbers

have many policemen have been subjected to disciplinary charges over allegations on the

use of unwarrantable force although amidst our own observation we could literally see

nearly every day arrested persons being flogged by the police on more arrival at the police

station counters. This bad police habit calls for immediate censure.

The limiting powers on the use of arms by the police are provided for in section 2974 of the

police ordinance and under police general orders. The PGO 276 is very emphatic on the

precautionary use of fire arms as it provides that in a circumstance where firearms are used 72

Ibid p.1 73

(1973)LTR 52 74

PGO NO. 276

29

may a police officer open fire with direction intention of causing death and that he should

use more than the minimum force necessary to carry out his duties.

Powers of Arrests under the Peoples militia Act. No. 25 1975 (as amended by Act No. 9 of

1989).75

3.6 Under the people militia powers of arrest Act: “Every member of the peoples militia shall have the same powers of arrest for breach of

Provision of a written land of search as are Vested in a police Officers of the rank of

constable and such powers may be exercise subject to the same limitations restrictions and

conditions as apply in relation to an arrest of search affected by such police officer”

The police force in Tanzania has been entrusted with vital public roles and duties. However

at times the police force has been observed breaking laws and violating the rights of citizens

in carrying out its duties. These incidents affect the police force’s ability to gain trust in the

community, that the police force has been condemned for the current growing incidents of

extra judicial killing and police brutality

CHAPTER IV

4.0THE ARBITRARY ARREST PRACTICE:

4.1 Introduction: This researcher intending to find out the legal implication and problem relating to random

arrest generally random arrest is the process whereby police officer apprehends one or group

of persons in street on allegations that he or they have been collectively involved in a

commission of a crime. This being a form of arrest is one of the main key functions vested

with the police. The police officer are entrusted by law to affect investigation over any

information relating to the commission of crime these power are collectively provided for by

the criminal procedure Act76 and the police force and Auxiliary service Act77 However

75

The People militia Act No. 25 of 1975 76

(CAP 20 RE 2002) 77

Cap 322 RE 2002

30

these power of arrest through substantively arm at protection of individual right by

restraining the wrong does from either continuing with the perpetration of a crime of or from

escaping from the rigors’ of the law, they have abused by the police.

4.2 The Concept of random arrest. During the investigation process, police officer in the criminal investigation Department

have been traditionally arresting persons randomly without having any reasonable suspicion

as to whether the persons so arrested have been involved in the commission of the crime.

These unlawful and unjustified random arrests have led to serious legal problems and have

bad legal implications among the members of different communities in Tanzania, which a

researcher intends to find practical solution.

4.3 Random arrest practice. Though this research has a special concern to deal with the problem of random arrest. The

scope of the problem is too broad as of now; random arrest stands as a national tragedy.

During the election campaign and post election campaign the police officers have been

witnessed to conduct massive arrest of persons allegedly to have conducted what they call

unlawful assembly or violence, these incidences have been witnessed here in Kagera when

sixty persons who were suspected to be affiliated with the offences of violence likely to

endanger peace and security. The more similar incidence has been reported in Arusha

Regional and Tarime in Mara Region.

Apart from that there is also random arrest in areas where there is a commission of serious

crimes such as armed robbery or murder and the offenders are not detected by the police.

The researcher is minded that in these arrests if is impracticable for the police to identify the

real assailants. This has caused undue inconvenience to innocent persons arrested without

cause. This fact amount to a serious violation of the criminal procedure by the police and it

depraves individual liberty of a person’s so arrested. Most of the allegations involve charges

of murder and armed robbery which according to law they are non-boilable offences.

In the case of Zadock zacharia two accused persons namely Zadock Zacharia and Bi Anna

Zacharia a mother of the first a caused were jointly charged for murder of one deceased

Theonest Tibiita in 2008 but in fact the mother witnessed the accused in a fight with the

deceased occurred during the fight, but with the problem of random arrest both the mother

31

and the son were arrested and charged jointly for the murder of the deceased. They both

suffered in prison till in February 2012 when the mother was discharged and the son

convicted for manslaughter.

In another incidence at Makongo village in Bukoba municipality, thirty nine residents were

arrested at random arrest on a suspicion that they were jointly involved in maliciously

damaging the property of one Bengasi Kyakayolo who was suspected as being a witch. In

essence, the police did not have accurate information as regards participation of all thirty

nine inhabitants in the commission of that crime. This brought a lot of inconvenience to the

persons involved in the saga as suspects as they suffered in the police custody and in the

prisons before they were granted bail two months later.

Another further incidence is in the case of Denis Rwezaura78 and so others who were

arrested on suspicion that they have set fire on a house of one Romward Mukyanuzi who

were suspected to be among the robbers who used to rob motor cycle riders popularly

known as “ASEKIDO” during the inch incidence any person who was see riding a

motorcycle around the area was arrested and joined as a culprit north sanding whether he

participated or not.

This topic is very much interesting as it is intended to find out practical solutions to resolve

the problems of random arrest in Tanzania. Members of the community are greatly afforded

with the problem of random arrest in which either themselves or then relatives have or are in

a danger of being restrained without lawful cases. The research aims further at introducing

the possible and a adequate means of conducting investigation without infringement with

individuals right. The investigation prior to arresting a suspected person.

LHRC79 on September 2012 Chadema conducted peaceful demonstration at Nyororo village

in Iringa region in that incident some Chadema National Leader were arrested together with

78

(2009) PI NO.15 79

LHRC’s Human Rights report(2012) p.34

32

the innocent journalist Daudi Mwangosi who was attacked to death by police officer in the

awake to suppress the demonstration.

In August 2012 in Monogoro region Chadema again demonstrated peacefully. The police

officers attacked demonstration something which caused a death of Newspaper vendor who

was not the party in the demonstration. In January 2011 in Arusha, Chadema again

demonstrated peacefully in the move to protest the election of mayor of Arusha municipality

the demonstration was declared illegal by police hence the police suppressed them as a

result three people in such an incident where died.

In Namtumbo district Ruvuma Region police used excessive force in relation to random

arrest the fact were the police officer ordered the motorcycle rider (bodaboda) to stop for

inspection. He rejected the order. Eventually the police officer fired him a gun on his head

as a result the rider died. This is a random arrest peruse

4.4 Factors contributing to the poor exercise of powers by the police. It is somewhat difficult to make any firm conclusions about factors contributing to the poor

quality of police performance perhaps several factors exist. However a little research that

has been conducted has succeeded to get some of them. Hereunder an attempt is made to

illustrate of these factors.

4.5 Inadequate training Police Training in Tanzania is generally in adequate; I take only six months for person to

become a police officer. Over a long period now the basic recruit course for a person to

become a constable of po9lice takes six months only and in this period a person is not only

thought in class the requisite knowledge of law and related courses of handling suspects and

investigation crimes, but there are other courses such as parade physical training how to use

arms which invariably take half of the allocated time. Mr. Alex Philip Kalangi a senior

police officer (RPC) agrees that, “The majority of policemen are inadequately trained and in

most cases they acquire knowledge through experience” Another senior police officer,

(ASP) Michael John Manumbu while asked as to whether the six months is sufficient for

student to cover the syllabus, he said that “six months period is not enough at all to cover the

syllabus therefore we teach that we can” A good number of police officers especially these

in the lower ranks have very law education standard and worse, they have no legal and

33

human right literacy at all. The majorities of them are either ex-form four or for six

qualified. The net effect of this in adequate training is that most police officers and

especially those in the law ranks (from constable to station sergeant). Otherwise referred to

as rank and file officers, who are active in performing all the day- to-day functions of the

police from arresting, searching to interrogation does not know the legal scope of their

duties in this way. It is not even uncommon to hear a person being arrested for a civil

wrong. A good instance is in the case of Rudolf V. Mohamed80 here the police arrested and

detained the plaintiff after the defendant complaint that the former hand enticed away the

wife of the later. In a suit for false imprisonment, which was lost because the right

defendants. The police were not made party of the case Samatta J. (as he then was) made

the following comment.

“ What the defendant had alleged was that the plaintiff had enticed away his wife.

Enticement is not a criminal offence. It is purely a tort. The police have therefore no power

to arrest a man who is alleged (even proved) to have committed a civil wrong. The

policeman who arrested the plaintiff clearly usurped powers which he does not have”.

It is submitted that adequate training is needed to the police to be able to discharge their duty

competently. The research revealed that Human Rights as a subject has recently been

introduced as one of the basic subject in the police training. This step is commendable,

nevertheless, since the period of training is too short coverage of Human right, principles

Arekely to be too law and this fact to yield the expected result. It is even submitted that

training on human rights principles to the police is no enough there is a need of integrating

that knowledge acquired in the discharge of their duties the reason is that police may get that

training but they may be reluctant to observe human rights.

In all cases there police are the primary instruments for enforcing ideals of the status quo

and adjusting to them new order can be a difficult and even painful experience for them.

Those are certainly resistance to change and an insistence on the old methods, as “old habits

die-hard” moreover. In many instances police have found themselves in forcing the same

laws as in the past because, there has been no substantive legal reform to match with news

80

(2007) Civil Case No.123

34

realities. The temptation by the police to use the old methods of enforcement has therefore

been great.

4.6 MANIPULATION OF THE POLICE BY POLITICIANS Those is a pronounced and continuing tendency by the executive officials to use the police

to maintain them in power as well as other political purposes the police have thus. In many

instances been reduced to being political allies of the rulers, which has reduced public

confidence in them and brought them into conflict with opposition parties.

It was observed by the legal ad Human right center that factor which accelerated police

brutality in Zanzibar was the command of the Executive for instance, immediately after

Darajani police crackdown on CUF supporters. On 2nd November, 2000. President Mkapa

issued a statement applauding the state security agencies for the good job they did during the

election period. The same acclamation was made by the Zanzibar, President Aman Karume,

while the prime Minister, Hon. Sumaye issued a statement on 25th January 2001 to reporters

in Dar es Salaam saying in Kiswahili that “ Chama cha CUF kisijaribu kuchokoza au

kupambana na polisi au chombo chachote cha usalama kwa lengo la kupata huruma kutoka

kwa watu kutoka nje ya nchi uchokozi wowote utajibiwa kwa nguvu inayostahili”.

Liberally the premier warned CUF members not to try to incite and confront the police or

any other state security agency for the purpose of winning international sympathy. Adding

that any provocation will be met with all due force of the state. It is with no doubt that from

such statements by top state leaders the state security agencies have no option but to

implement the stand of their bosses to please them.

Knowing that is leaders are behind him, the inspector General of police Mr. Omari Mahita

during the last general election campaign of 200 warned CUF members that if they see

themselves to be “Ngangari” (firm) the police while be “Ngangari” (firmer). He argued the

police to be tough with rioters in order to restore the fanding esteem of the police force.

These statements are not worth of uttering in the democratization process and due process of

law in Tanzania. Where the police have succumbed to the political control, they become the

primary instruments of repression in its ugliest forms as well as negating the human rights of

the citizen in the most unacceptable ways.

35

It is clear, therefore that police reforms are a major of democratization. This must be

understood by the politicians. The police should be left free by the politicians to discharge

their duty without interference. There

Is enough circumstantial evidence that police officers who try to administer the law in an

even handed manner are victimized?

This is not desirable. Unless the police can be to work enhance and support human rights

and political pluralism which are at the in fact stage in Tanzania. The process is likely to go

away. Professor Lou’s Radelet of the Michigan state university note that.

Police are part of the communities served. In a democratic society they are (ideally)

allowing expression an embodiment an implementing arm of democratic law. If such a

principle as due process for example is to have practical meaning the nature of police

behaviors is important. What the police officer does and how he does if is one weighty

measure of the integrity of the entire legal system for each person with whom he Dr She

comes in contact. For many people police are the only contact that they may even have with

the legal system if democratic law is to be credible and ethical to ordinary citizens, with

standard of fairness, reasonableness and human decency. It will be so to the extent that

police behavior reflects such qualities.

4.7 LACK OF LEGAL AND HUMAN RIGHTS KNOWLEDGE TO THE GENERAL PUBLIC Incidents of police misuse of powers which culminate into people death, injury, suffering

and similar occurrence are many. Yet no legal action against the police is taken. This is

caused by the fact that there is a serious problem of ignorance of the law among civilians.

Many civilian victims of police brutality simply agonize with great pain without taking any

legal action against their tormentors. It was expected for instance that many people in

Zanzibar and especial CUF supporters and this time CHADEMA would take legal actions

against the police excessive use of force during and after the last 2010 general election. But

nothing significant has so far been done.

The police have been able to flout the law with impunity without facing any legal liabilities.

This has consequently caused the police to feel that they are beyond reproach by the

36

ordinary citizens. In the exercise of their powers not surprisingly the police have been able

to set the law a side and use their discretions to treat people. It is therefore argued that

unless having seen how the police have been exercising their power in Tanzania. At this

stage this research paper intends to make conclusion and recommendations that will enable

to overcome some shortcomings of far envisaged in this paper. This exercise is

accomplished in the text chapter

CHAPTER V

RESEARCH FINDIG CONCLUSION AND RECOMMENDATIONS

5.0 RESEARCH FINDINGS The researcher employed the interview method as a means of collecting data. He

interviewed several senior police officers in Kagera region as follows:-

First, The Kagera Regional Police Commander (ACP) Alex Philip Kalangi was asked as

why police officers conduct random arrest against citizens. He remarked that everyday we

teach them on how to exercise the power in relation to arrest but few of them exercise as

they wish and not as the law requires. He therefore denied the fact that random arrest is

caused by the ignorance of the law. He further added that the majority of policemen are

inadequately trained, they acquire knowledge through experience.

Another senior police officer ASP Michael John Manumbu, the OCS Bukoba Police station

was asked as to whether the six months was sufficient for police trainings. He said that the

six months period is not enough to cover the training, therefore we train what we can. He

further suggested that police officers especially those in lower ranks have very low

education standard and worse still they have no legal human rights literacy at all.

37

Another senior police officer ACP Mwaibambe (RCO) was asked on whether random arrest

is influenced by corruption. He remarked that it is caused abuse of section (2)81 of CPA

which legalise the policeman to arrest without warrant.

The researcher again interviewed Chamani Advocate (Bukoba based Advocate) on whether

random arrest is influenced by the provisions of section (2)82 of the CPA. He agreed that

section 2 of the CPA creates loopholes to Police officers to arrest citizens randomly since

arresting without warranties causes police officers to abuse such powers.

5.1 Research Analysis

Generally, from the above findings the public perspective on the problem relating to

random arrest is caused by the following factors. First corruption, that, police abuse their

power of arrest due to corruption. Some citizens are arrested randomly technically in order

to induce them to give petty corruptions. Sometimes, fake cases are planted to innocent

citizens who threaten them; hence, they are induced to give corruption so as to end the case

without litigation.

Second, the problem of random arrest is influenced by ignorance of the law. There is

inadequate training in the police college. The six month period in Police College Academy

in Moshi is insufficient for police officers to acquire professionalism. The trainings provided

focus on political interests of politicians as most of police officers are prepared for election

supervision.

Third, the problem of random arrest is caused by the wishes of subordinate officers. For

example when conflict between police officers and citizens arise, police officers misuse their

power of arrest by arresting them without apparent reasons.

81

Ibid p.2 82

Ibid p.2

38

5.1 CONCLUSION Virtually, the mission of this paper was to make a critical appraisal of the exercise of power

by police. The paper started by making an introduction that the police force is one of the

sensitive organs of the government from the point of view of individual security and peace

keeping of the country.

This force is conferred with so broad powers to ensure that law, order and tranquility is

restored in the country. Since the powers givens to the police are many. It becomes

impossible to enlist and discuss all of them in a paper like this. Consequently only four

areas were discussed, namely, the police power of arrest, power of interrogation, power of

detention of accused persons and finally powers to control assembly and procession. It is

shown in the discussion that there has been misuse of power by the police in the execution

of their duties. This has negatively affected people’s lives. Liberty and freedom, moreover,

the research revealed that apart from such abuse, the law conferring powers has been

sometimes broad and too discretionary; this has enabled the police to apply the law

arbitrarily without finding their hands tied. Taking stock of all these situations mounted with

ignorance of law on the part of the general populace administrations of criminal justice by

the police leaves a lot to be desired. It is now pertinent to make the following

recommendations in addition to what have been argued in the cause of discussion that would

bring impact on the police powers.

5.1.1 RECOMMENDATION

5.2 Improved Investigation techniques Balancing human rights implementation and balancing access to human rights is a challenge

which confronts the government today, especially where the right to security of persons is

involved. The right to freedom and security of the person includes the right to the

following:-

(a) Not to be deprived of freedom arbitrary,

(b) Not to be detained without trial,

(c) To be free from all forms of violence from either public or private sources,

(d) Not to be tortured in anyway and

(e) Not to be treated or punished in a cruel inhuman or degrading way.

39

These rights apply equally to all citizens even those whose are suspected of crimes. If is

therefore necessary for the police to reform their ways of investigation to keep peace with

time. It is not appropriate for example in some cases to arrest a person without making

investigation when investigating crimes police should not depend solely on oral examination

which compels them to use force to secure confessions. They should device other methods

which will enable them to get clues to the fact in issue.

5.3 Amendment to the legislative framework It is obvious that, although the constitution recognizes the need for restrictions as

fundamental rights. It requires that the restriction, must meet certain, criteria of restriction.

(i) Must be prescribed by law

(ii) Must be in one of the specified interest and

(iii) Must be shown to be reasonably justifiable in a democratic society.

Fundamental constitution rights of citizens should not be denied to a citizen by any law

which permits arbitrariness and is coached in wide and broad terms. In the case of Kukutia

Ole Pumbun and Another V. A. G83 court of appeal had opportunity to state that. “A law

which seeks to limits or derogate from the basic rights of the individual on grounds of public

interest will be saved by article 30 (2) of the constitution only if it satisfied two essential

requirements. First such a law must be lawful in the sense that it is not arbitrary. It should

make adequate safe guards against arbitrary decisions and provide effective controls against

abuse by those in authority when using the law (emphasis added) Amendments of law is

therefore desirable where it is obvious that some provisions maintain arbitrariness and allow

too wide discretionary powers. The countries social legal and institutional infra-structure of

the administration of criminal justice should be recanted to adhere to international human

rights standards.

5.4 Improved in service training Police training in the police personnel should be improved. The current period of six

months training to become a police constable can be supplemented by in service training.

83

(1993) TLR 159

40

There must be a program of improving knowledge to police officers on a regular basic to

equip them with the necessary and modern skills of handling

Crimes and criminals. The very idea of making police liable for any action done contrary to

the law will be meaningless if the police themselves do not know that they are supposed to

do legally

5.5 Establishment of independent complaints directorate The South Africa Government for example recognizing that it is essential that an

independent watch body exist which can receive and investigate abusive police actions has

established the independent complaints directorate (ICD).

The ICD was established on 1st April, 1997 in terms of chapter 10 of the police service Act

68 of 1997. Any person or member of organized civil society may lodge a complaint against

the police, and upon receiving complaint of misconduct alleged committed by members of

police service, an investigation on effective and efficient manner is carried out with a view

of bringing that police officer (s) before the law. It is submitted that a similar body which

deals specifically with abuse of power by the police should be established in Tanzania.

Any person who alleges that he has been subjected to unjustified actions by police should

have his case impartially examined.

It is therefore hoped that if what has been envisaged and suggested in this paper are noticed

and implemented. It is possible to have a better police force in Tanzania. This practice as a

mode of controlling crime should be deplored. The police are not qualified to arrest a person

for the sake of it. The instruction is cut right unlawful and in term of section 27 of the Police

Force Ordinance those receiving them would be justified to disobey them.

41

BIBLIOGRAPHY LIST OF STATUTES 1. Criminal Procedure Act No. 9 of 1985

2. Magistrate Court Act No. 2 of 1984

3. The People Military Act 25 of 1975

4. The Police Force Ordinance Cap 322

5. The Tanzania/ Zambia Railway Act No. 23 of 1975

6. The Road Traffic Act No. 30 of 1973

7. The Intoxication Liquors Act No. 28 of 1968

8. The Constitution of Tanzania 1977

9. The Penal Code Cap 16

LIST OF CASES

10. Bengesi Kyakayolo & 10 Others V.R (Unreported)

11. Christie V.R Lea Chinsky (1947) 1 All ER 5667

12. Denis Rwezaura a & 10 Others V.R (Unreported)

13. Jumanne masud V.R (1967) HCD 307

14. Kukutia Ole Pumbun & Another V. A. G. & Another [1993] TLR 159

15. Muhumba KamayaV.R (1984) TLR 325

16. Mwangi Njoroge (194) 21 EA CA 377

17. Nicas Luhenga (1983) 60 Alr no. 142

18. R.V PC Jones Wambura (1973) LTR 52

19. Said Salumu & another V.R (Unreported)

TEXT BOOKS

1. Black,D.J The Manners and Customs of the Police, New York, Academic

Press,1980

2. Chambliss,W Criminal law in Action, Hamilton Publisher, Carlifonia, 1975

3. Cliff R.E Police and Public Safety, Cincinnant Company, 1963

42

4. Gross,A and Gustar,H Criminal Investigation A Practical Text book for Magistrate,

Police Officer and Lawyers, London Sweet and Maxwell,1962

5. Jackson, R.L Criminal Investigation, A practical Text book for

Magistrates,London,1962

6. Leonard.V.A, Criminal Investigation and Identification, Charles Thomas Publisher,

Illinos, (1971)

7. Morrish R, Police and Crime Detection Today, 2nd Ed, Oxford University Press,

London, (1989).

8. Mwalusanya, J Conditions for functioning of a Democratic Constitution,

Fredrick Nauman Foundation and UDSM,1994

9. Peter C. M and Juma I.H (etal), Fundamental Rights and Freedoms in Tanzania,

Mkuki na Nyota Publishers, Dar es Salaam, (1998).

10. Peter,CM Human Rights in Tanzania, Koln, Koppe,1997

11. Shivji,IG The State and Working People in Tanzania, Dakar, 1985

12. Shivji.I.G, State Coercion and Freedom in Tanzania, Institute of Southern African

Studies of the National University of Lesotho, Roman, Lesotho, (1990).

13. Wilkie,GH General Police Duty, London Butterworth, 1971

JOURNALS

Granville w. “ Requisites of a valid arrest” Vol. 6 of the Criminal Law Review, Steven and

Sons, London,1982..

Jeremy.D, “Police Misconduct Revisited” In the Criminal Law Review, Oxford University

Press, London, (2000).

43

Larson, J.A, “ Present Police and Legal Methods of the determination of the Innocence or

Guilty of the Suspects” In the Journal of the American Law and Criminology, (1925-26)

PAPERS AND MANUALS

Emmanuel.K, Overcrowded Prisons and the Role of Parole Boards in Tanzania, (LL.B)

Research Paper, University of Dar es Salaam, Dar es Salaam, Dar es Salaam, 2000.

Makoye L.M.M, Police Powers of Arrest and Detention of Criminals in Tanzania, Legal

Limitation and Practice, LL.B Research Paper, University of Dar es Salaam, Dar es Salaam

(2003).

Mchome.S.E, Criminal Law and Procedure, Open University of Tanzania, TIRDO

Buildings, Dar es Salaam, (1995)

Mwarabu.D, The Exercise of Power by the Police, a Critical Appraisal, LL.B Research

Paper, Open University of Tanzania, Dar es Salaam, (2003).

Prosper.M. Implemantation and Implications of the Community Service Act No. 6 of

2002[CAP 291 R.E 2002], LL.B Research Paper, Open university of Tanzania, Dar es

Salaam, (2010)

Revina.P, Violation of Criminal Procedure in Investigation of Crime by the Police, LL.B

Dissertation University of Dar es Salaam, Dar es Salaam, (2006).