Court name
Court of Appeal
Case number
C of A (CRI) 2 of 2022

Director of Public Prosecutions v Kamoli and Others (C of A (CRI) 2 of 2022) [2022] LSCA 2 (21 April 2022);

Media neutral citation
[2022] LSCA 2
Headnote and holding:

During criminal proceedings preceding the actual trial of accused most of who have been in custody for about four years, thereby giving cause for the trial to commence and proceed with reasonable speed and in light of several postponements, presiding judge, the Honourable Chief Justice conducting an inquiry in terms of s 12(4)(b) and (c) of the Speedy Court Trials Act 2002 (No. 9 of 2002)and finding lead prosecution counsel guilty of transgressions under said section and excluding him from further appearing in case;

Crown, through Director of Public Prosecutions, being aggrieved by the conduct of the proceedings to that stage and by the exclusion of lead counsel filing for recusal of presiding judge;

Presiding judge declining to recuse himself and Director of Public Prosecutions appealing against decision excluding lead prosecution counsel and decision declining recusal;

On appeal: Held presiding judge erred in applying provisions of Speedy Court Trials Act and excluding lead prosecution counsel; Held further on facts and circumstances of case before him, presiding judge should have recused himself;

Also raised on appeal - that the trial of the accused be assigned to a foreign judge consequent upon earlier decision of Government and Judicial Service Commission that trial of accused and others in high-profile and sensitive cases be assigned to foreign judges appointed for that purpose;

Appeal Court, noting that a number of such cases have already been assigned to local judges, declines to order that case be allocated only to a foreign judge and leaves decision to relevant authorities as to which judge to preside;

Appeal by Director of Public Prosecutions upheld on basis presiding judge erred in decision under Speedy Court Trials Act and in refusing to recuse himself, and directing that matter be placed before another judge, foreign or local, as may be decided

Chinhengo AJA

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