Q&A – 6 October 2014
Friend in remand
My friend has been arrested and in remand whilst his bail hearing is ongoing. Can he be treated in remand prison just like any other prisoner although he has not yet been sentenced? Is there no law that separates prisoners in remand as opposed to those who have been jailed? This is a very unfair system as it puts an innocent person in jail whilst he has not been convicted of the offence.
YU, Dar
The Prisons Act has provisions that state prisoners who are unconvicted will be kept separate from those who are convicted. Section 76 in particular states that (1) An unconvicted prisoner may be permitted to maintain himself a n d to purchase or receive from private sources at proper hours, food, bedding, clothing or other necessaries, but subject to examination and to such other conditions as the Commissioner may direct. (2) No food, bedding, clothing or other necessaries belonging to an unconvicted Prisoner shall be given, hired, loaned or sold to any other prisoner; and any prisoner contravening the provisions of this section s h a l l b e liable to lose the privilege of purchasing or receiving food, clothing or other necessaries from private sources for such time as the officer-in-charge may think proper.(3) If a civil or unconvicted. Prisoner is unable to receive clothing, bedding or food supplies, or if such food is in the opinion of the officer in- charge unsatisfactory such prisoner shall receive the, regular prison diet, clothing and bedding. (4) No civil or unconvicted Prisoner shall be given or be compelled to wear prison clothing unless- (a) the prisoner’s dress is insufficient or improper or is in an unsanitary condition; or (b) the prisoner’s dress is required as an exhibit; and (c) he is unable to Procure other suitable clothing from any other source. (5) Any debtor may in addition to the supply of bedding be issued with a bedstead or be permitted to supply himself with a bedstead.
You can see that your friend is entitled to get food from outside amongst other necessaries. Whether or not in practice the unconvicted prisoners are kept from those convicted is challengeable as it is common knowledge that some prisons do not have adequate facilities to separate the two types of prisoners.
Enforceability of Kenyan arrest warrant in Tanzania
I am a Tanzanian residing in Kenya for a number of years. I am back in Tanzania and informed that a warrant of arrest has been issued against me in a Nairobi Court. My lawyers say that I need not worry as Tanzania has its own criminal system and Kenyan Courts have no right to have me arrested here. Is this true as it keeps me awake at night?
IP, Dar
What your lawyer has said above is not true. Tanzania has a Judgments Extension Act which states that a warrant of arrest or a judgment in Kenya can be enforced in Tanzania as if it was a Tanzanian Court that delivered the warrant or judgment.
Section 3 of this act clearly says that (1) When any warrant issued by the High Court of Kenya, Uganda, Malawi or Zanzibar or by any Court subordinate to any such Court for the arrest of a defendant in a civil case either before or after judgment, a judge of the High Court or a magistrate of a subordinate Court shall have power– (a) to endorse and execute the warrant; or (b) to issue, before such endorsement, a provisional warrant for the arrest of the defendant, upon receipt of telegraphic or other information and in such circumstances as would in his opinion justify the issue of a warrant in a civil case within his jurisdiction: Provided that a person arrested under a provisional warrant shall be discharged unless the original warrant is produced and endorsed within such reasonable time as may in the circumstances seem requisite: Provided also that no such warrant shall be endorsed or executed and no provisional warrant shall be issued, unless the warrant or information from the Court desiring the arrest is accompanied by an intimation that such Court indemnifies the High Court or subordinate Court against all costs, charges and expenses to be incurred by the High Court or the subordinate Court.(2) The provisions of the Civil Procedure Code, for the arrest of defendants before and after judgment shall apply in the same manner as if the suit had been originally instituted in the High Court or a subordinate Court and all reasonable costs and expenses with regard to proceedings for arrest shall be recoverable in like manner as if they had been incurred in the Court in which the suit has actually been instituted.
In short, you can be arrested in Tanzania although it is a Kenyan warrant of arrest. Likewise, a Tanzanian warrant of arrest can be applied in Kenya. The best option you have is to work towards vacating the warrant of arrest in Nairobi.
Approval of new constitution
Has the new Tanzanian Constitution been approved? How come we have not read it, yet it will apply to us?
ER, Dar
We have skipped many questions in the queue to answer this one which came in only few days ago. We answer this because of the number of similar questions we have received over the last few days and the timing of the question.
The answer is very brief. The draft constitution has been approved by parliament. However it is now going to be submitted to the President before it is published for the public to read. Thereafter voting will be conducted and if a majority is obtained it will be adopted, not otherwise.
Hence there is a process that must be followed for the constitution to be adopted and you will get a chance to read it, and vote for or against it.