Arusha. The High Court in Simiyu Sub-Registry has quashed the 30-year prison sentence previously imposed on Majingwa Ndushi after identifying legal flaws in the way the lower court delivered the verdict.
The Court annulled the entire sentence and ordered the case returned to Meatu District Court for a new sentence to be issued in accordance with the law.
The ruling was delivered on Tuesday, March 17, 2026, by Judge Hussein Mtembwa, who was hearing an appeal filed by Ndushi challenging the earlier decision.
Judge Mtembwa said the lower court’s verdict was confusing, as it failed to clearly state guilt for each charge the accused faced.
He explained that the ruling did not indicate whether it concerned the first charge, the second, or both, which contradicts legal requirements.
The court should have convicted the accused for each charge separately and specified the corresponding penalty.
“It is clear that the sentence issued is confusing as it does not state whether it relates to the first charge, the second, or both,” he said.
The Judge added that although the two charges shared part of the sentence, the Court should have ensured that each charge was addressed separately, so the appellant could know which offence he had not accepted.
He emphasised that when convicting someone, the Court must specify the offence and the violated penal provision, and issue a sentence for each offence, even if the penalties run concurrently.
The Court ordered that the appellant remain in custody until a final decision is made after the sentence is corrected.
Basis of the appeal
Initially, Mr Ndushi was charged in Meatu District Court with two counts of possessing narcotic drugs of the cannabis type, contrary to Section 16(1) and (2)(c) of the Drugs Control and Enforcement Act.
It was alleged that on August 21, 2025, in the Mwashilingi Mtoni area of Meatu District, Simiyu Region, the accused was found in possession of 38 cannabis joints weighing 110.4 grams, along with two kilograms of dry cannabis leaves.
According to prosecution evidence, patrolling police officers detected the smell of cannabis and tracked it until receiving information that the accused was involved in the trade.
He was alleged to have led the officers to the place where the drugs were stored, and during a search, Sh11,000 and the drugs were recovered.
Despite the evidence, the accused denied all charges. After hearing the prosecution witnesses, Meatu District Court convicted him on both counts and sentenced him to 30 years in prison, stating it was the minimum penalty according to law and noting he was a first-time offender.
Dissatisfied with the ruling, he appealed to the High Court, challenging the sentence on five grounds, including claims that his defence was ignored and that there were violations of legal procedures.
Other points included that the prosecution had failed to prove its case beyond reasonable doubt and that the Judge failed to properly assess the evidence.
During the appeal hearing, the government lawyer admitted deficiencies in the lower court’s sentence, noting that separate convictions should have been issued for each charge rather than a combined sentence, and requested the records be returned so a lawful ruling could be made.
After reviewing all arguments, the High Court agreed that legal errors rendered the sentence null and ordered it to be rewritten following proper legal procedure.
