ASSESSMENT OF THE LAWS GOVERNING APPLICATION OF DEFENCE OF ALIBI IN THE PRIMARY COURTS IN TANZANIA: A CASE STUDY OF MWANZA CITY
The defence of alibi is an important safeguard in criminal proceedings because it enables an accused person to challenge an allegation of participation in an offence by demonstrating that he or she was elsewhere when the alleged offence was committed. This article assesses the laws governing the application of the defence of alibi in Primary Courts in Tanzania, with particular focus on Mwanza City. The study examines the legal framework governing alibi, the extent to which the defence is applicable in Primary Courts, and the legal and practical challenges affecting its application. The study adopted a qualitative approach combining doctrinal and non-doctrinal methods. Data were obtained through documentary review and interviews, while purposive sampling was used to obtain relevant participants. The findings indicate that although the defence of alibi is legally available in Primary Court proceedings through general evidentiary principles and judicial practice, the existing framework does not provide sufficiently comprehensive and clear procedures governing its application. The study further identifies inadequate police investigation and verification, limited legal representation and legal awareness, inconsistency in judicial evaluation of alibi evidence, inadequate professional training, and delays in verification as significant challenges. These weaknesses may affect the proper consideration of genuine alibi claims and the fairness of criminal proceedings. The article concludes that there is a need for clearer statutory and procedural guidance on the raising, investigation, presentation and determination of alibi in Primary Courts. It recommends legislative clarification, improved police investigation and verification, strengthened access to legal representation, and enhanced judicial training to ensure consistent and fair application of the defence.
Keywords: Alibi, Criminal Justice, Primary Courts, Criminal Procedure, Fair Trial, Tanzania.
