Arusha. The High Court Sub-Registry in Dodoma has set free a man previously sentenced to 30 years in prison for rape after discovering a fatal procedural flaw in the conduct of his trial.
Justice Ismail Hassan quashed the conviction and sentence against Mr Hamisi Mwanang’ombe after establishing that his trial illegally continued under the same case number despite the prosecution having formally entered a nolle prosequi, a notice of intention to discontinue charges.
The court observed that once the Dodoma Resident Magistrate’s Court accepted the nolle prosequi and discharged Mr Mwanang’ombe alongside his sureties, the original case legally ceased to exist.
According to the High Court, had the state intended to re-prosecute Mr Mwanang’ombe for the offence, it was required by law to institute fresh charges under a new case file rather than revive a terminated matter.
The decision was delivered on Thursday, August 6, 2026, in Criminal Appeal No. 6223 of 2026, which originated from Criminal Case No. 19349 of 2025 at the Dodoma Resident Magistrate’s Court.
Mr Mwanang’ombe had originally been charged with raping a 16-year-old girl on May 30, 2025, at Chihembe Village, Chamwino District, in Dodoma Region.
Following the submission of evidence from both parties, the trial court convicted him and imposed a 30-year custodial sentence.
Aggrieved by the decision, Mr Mwanang’ombe appealed to the High Court on nine grounds challenging the lower court’s judgment.
However, before examining the appellant’s grounds of appeal, the High Court suo motu (on its own motion) identified a fundamental irregularity regarding the jurisdiction of the trial proceedings following the prosecution’s withdrawal of charges.
The case record indicated that on August 6, 2025, the prosecution informed the Dodoma Resident Magistrate’s Court of a nolle prosequi filed against Mr Mwanang’ombe, leading to his discharge together with his sureties.
The High Court held that the acceptance of the nolle prosequi effectively terminated the proceedings.
During the appeal hearing, the State Attorney conceded that following the withdrawal and discharge, the prosecution was legally required to open a fresh case file if it wished to pursue the charges.
The state noted that because the trial proceeded under the discontinued case file, the proceedings were fundamentally flawed.
Consequently, the State Attorney prayed that the High Court quash the proceedings, set aside the conviction and sentence, and set Mr Mwanang’ombe free.
Mr Mwanang’ombe declined to offer further submissions, leaving the matter to the discretion of the court.
The judgment
Delivering the ruling, Justice Hassan emphasised that justice is a constitutional guarantee central to the criminal justice system, assuring every individual the right to a fair hearing.
“Criminal proceedings must not only be fundamentally fair, but must also be seen to be conducted through a valid and proper process," noted Justice Hassan.
"Any departure from mandatory legal procedures, particularly those affecting the institution, continuation, or determination of a criminal case, causes injustice and undermines the integrity of the judicial process,” he added.
The judge explained that Section 92(1) of the Criminal Procedure Act (CPA) empowers the Director of Public Prosecutions (DPP) or authorised officers to enter a nolle prosequi at any stage before judgment, resulting in the accused’s discharge.
“However, Section 92(3) of the CPA provides that the prosecution may only re-institute charges against the accused by filing a fresh case,” stated Justice Hassan.
The court ruled that the error was not a minor technical irregularity, but a fundamental jurisdictional defect that rendered all subsequent proceedings null and void.
Accordingly, the High Court quashed Mr Mwanang’ombe’s conviction, set aside the 30-year prison term, and ordered his immediate release, unless held for another lawful reason.
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