The DPP ' s Supremacy in the Criminal Justice of Tanzania: Analysis of the Exercise of Nolle Prosequi

Abstract

The judiciary is the final and last authority in the dispensationof justice. Being the final authority in the dispensation ofjustice, the judiciary should have a say in every aspect relatingto administration of justice. Oddly, nolle prosequi, a power givento the Director of Public Prosecutions (DPP) appears to oustthe supremacy of the judiciary in dispensation of justice. Thispower makes the DPP supreme over and above the judiciary.This article aims at analyzing the power of the DPP to enternolle prosequi and its legal implications in the administration ofcriminal justice of Tanzania. Fundamentally, the article revealsthat, nolle prosequi is uncontrolled and hence, the power is proneto abuse. It is recommended that there is a need to entrenchlimitations through legislative frameworks includingrestrictions on reinstitution of criminal cases against theaccused person based on the same facts after nolle prosequi hasbeen entered.Key words: Criminal Justice, Director of Public Prosecutions, Nolle Prosequi,Tanzania