Raphael Kamuli - Academia.edu (original) (raw)
Papers by Raphael Kamuli
A considerable number of cases in the High Court of Tanzania have been nullified on appeal for no... more A considerable number of cases in the High Court of Tanzania have been nullified on appeal for non compliance with the law governing cases tried with assessors. This has occasioned miscarriage of justice in two ways: First, non compliance with the law governing cases tried with assessors prejudices accused persons and thus violates the right to fair hearing. Second, such non compliance has, in many cases, led to retrial of cases. But some of these retrials have affected prosecution cases due to death or dislocation of witnesses or loss of their memories etc. This, in turn, has led to acquittal of accused persons who would otherwise be convicted. This affecta the public interest by letting crimes go unpunished. This paper briefly and concisely highlighys the law governing trials conducted with assessors. Understanding and compliance with such law will assist practitioners to ensure justice is achieved.
will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Ma... more will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Magufuli was pronounced dead. The shocking death was unprecedented in one major respect-death of a sitting President, not a retired President. After a heroic farewell, the devoted and iconic Pan-Africanist leader was laid to rest. But before his burial and in the early days of national mourning, the then Vice-President was sworn in as President on 19 March of 2021. The discussion in this paper reveals some of core constitutional matters that were completely ignored in that power transition. In the process, the paper also highlights the insufficiency of the Constitution of the United Republic of Tanzania, 1977 (the "Constitution") in handling presidential power transition when the sitting President dies.
Contemporary maritime piracy is a complex phenomenon which requires efficient legislative and jud... more Contemporary maritime piracy is a complex phenomenon which requires efficient legislative and judicial systems as well as joint deliverance in eradicating it. Maritime piracy is not an isolated phenomenon; rather it encompasses political, economic and social aspects. Therefore, an all-encompassing approach on land is vital in supplementing law enforcement mechanisms at sea. This work explores Tanzania’s criminal justice, law enforcement framework and human rights considerations in combating piracy. In assessing the state, internationally recognized norms and standards in human rights and cooperation will be considered.
Human Rights in the World, 2019
Human Rights in the World, 2019
Human Rights in the World, 2019
Human Rights in the World, 2019
will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Ma... more will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Magufuli was pronounced dead. The shocking death was unprecedented in one major respect-death of a sitting President, not a retired President. After a heroic farewell, the devoted and iconic Pan-Africanist leader was laid to rest. But before his burial and in the early days of national mourning, the then Vice-President was sworn in as President on 19 March of 2021. The discussion in this paper reveals some of core constitutional matters that were completely ignored in that power transition. In the process, the paper also highlights the insufficiency of the Constitution of the United Republic of Tanzania, 1977 (the "Constitution") in handling presidential power transition when the sitting President dies.
A considerable number of cases in the High Court of Tanzania have been nullified on appeal for no... more A considerable number of cases in the High Court of Tanzania have been nullified on appeal for non compliance with the law governing cases tried with assessors. This has occasioned miscarriage of justice in two ways: First, non compliance with the law governing cases tried with assessors prejudices accused persons and thus violates the right to fair hearing. Second, such non compliance has, in many cases, led to retrial of cases. But some of these retrials have affected prosecution cases due to death or dislocation of witnesses or loss of their memories etc. This, in turn, has led to acquittal of accused persons who would otherwise be convicted. This affecta the public interest by letting crimes go unpunished. This paper briefly and concisely highlighys the law governing trials conducted with assessors. Understanding and compliance with such law will assist practitioners to ensure justice is achieved.
will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Ma... more will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Magufuli was pronounced dead. The shocking death was unprecedented in one major respect-death of a sitting President, not a retired President. After a heroic farewell, the devoted and iconic Pan-Africanist leader was laid to rest. But before his burial and in the early days of national mourning, the then Vice-President was sworn in as President on 19 March of 2021. The discussion in this paper reveals some of core constitutional matters that were completely ignored in that power transition. In the process, the paper also highlights the insufficiency of the Constitution of the United Republic of Tanzania, 1977 (the "Constitution") in handling presidential power transition when the sitting President dies.
Contemporary maritime piracy is a complex phenomenon which requires efficient legislative and jud... more Contemporary maritime piracy is a complex phenomenon which requires efficient legislative and judicial systems as well as joint deliverance in eradicating it. Maritime piracy is not an isolated phenomenon; rather it encompasses political, economic and social aspects. Therefore, an all-encompassing approach on land is vital in supplementing law enforcement mechanisms at sea. This work explores Tanzania’s criminal justice, law enforcement framework and human rights considerations in combating piracy. In assessing the state, internationally recognized norms and standards in human rights and cooperation will be considered.
Human Rights in the World, 2019
Human Rights in the World, 2019
Human Rights in the World, 2019
Human Rights in the World, 2019
will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Ma... more will be remembered as one of the darkest days in the history of Tanzania. President John Pombe Magufuli was pronounced dead. The shocking death was unprecedented in one major respect-death of a sitting President, not a retired President. After a heroic farewell, the devoted and iconic Pan-Africanist leader was laid to rest. But before his burial and in the early days of national mourning, the then Vice-President was sworn in as President on 19 March of 2021. The discussion in this paper reveals some of core constitutional matters that were completely ignored in that power transition. In the process, the paper also highlights the insufficiency of the Constitution of the United Republic of Tanzania, 1977 (the "Constitution") in handling presidential power transition when the sitting President dies.
Caveat: The issue of whether abortion should be allowed and, if so, in which circumstances and un... more Caveat: The issue of whether abortion should be allowed and, if so, in which circumstances and under what safeguards, is of great social, ethical and religious significance. Moreover, it is the issue on which widely differing beliefs and views have been expressed in various media. A caveat is entered that this paper does not attempt to weigh or evaluate or reflect those beliefs and views or give effect to its own but to ascertain and apply the law of the land as it is now understood to be.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children... more The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children settles the definition of trafficking in persons and inspires convergence in domestic approaches in combating the crime. The inspiring Protocol represents the universal standard in addressing, inter alia, trafficking in children. The legislative step in Tanzania and the judicial approach in Kenya showcase the genuine aspiration to align with the universal standard. However, normative and technical shortcomings in the two jurisdictions usurp the desired feat. Considering the normative framework and implementation of the Anti-Trafficking in Persons Act of Tanzania and the criminal case-law in Kenya with regard to child trafficking, this paper attempts to measure the success and assess the gaps of child trafficking interventions within the criminal justice sector. In so doing, the text regards the Protocol as the guiding standard. At the outset, the paper outlines the definitional and conceptual framework of the crime of child trafficking and appreciates the legislative and judicial steps in Tanzania and Kenya that attempt to curb the prevalent and emerging issues in child trafficking through criminal justice setting. Using normative gaps, evidentiary challenges, poor investigations, misapplication of the offence of child trafficking, challenges in proving the age of victims and inability to genuinely prosecute offenders as leading factors, the paper assesses the lacunae in criminal interventions of child trafficking in Tanzania and Kenya. Finally, the paper recommends the ways to fill the gaps and to remedy the disparities.
KESI YA YESU: Msingi, Mashitaka na Umuhimu Wake, 2021
