Godfrey Mjuni Martin Basasingohe v. The Attorney General and The Director of Public Prosecutions
Section 194 unconstitutional for violating equal protection; Parliament given 12 months to amend.
In Godfrey Mjuni Martin Basasingohe v. The Attorney General and The Director of Public Prosecutions, the High Court (Mwanza Sub-Registry) held that section 194 of the Criminal Procedure Act violates the constitutional principle of equal protection of the law under Articles 12(1) and 13(1) of the Constitution by effectively granting witness protection rights exclusively to prosecution witnesses while denying corresponding safeguards to defence witnesses. The Court found that although ex parte applications for protective measures do not, in themselves, breach the right to a fair hearing, vesting the power solely in the Director of Public Prosecutions creates unequal protection between prosecution and defence. Parliament was directed to amend the provision within twelve months, failing which it will cease to have legal force. No order as to costs was made.