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 dispensation
of justice. Being the final authority in the dispensation of
justice, the judiciary should have a say in every aspect relating
to administration of justice. Oddly, nolle prosequi, a power given
to the Director of Public Prosecutions (DPP) appears to oust
the supremacy of the judiciary in dispensation of justice. This
power makes the DPP supreme over and above the judiciary.
This article aims at analyzing the power of the DPP to enter
nolle prosequi and its legal implications in the administration of
criminal justice of Tanzania. Fundamentally, the article reveals
that, nolle prosequi is uncontrolled and hence, the power is prone
to abuse. It is recommended that there is a need to entrench
limitations through legislative frameworks including
restrictions on reinstitution of criminal cases against the
accused person based on the same facts after nolle prosequi has
been entered.

Key words: Criminal Justice, Director of Public Prosecutions, Nolle Prosequi,
Tanzania