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 the 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 the 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. Keywords: Criminal Justice, Director of Public Prosecutions, Nolle Prosequi, Tanzania

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