THE UNITED REPUBLIC OF TANZANIA

THE JUDICIARY OF TANZANIA

EXHIBITS MANAGEMENT
GUIDELINES

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 THE UNITED REPUBLIC OF TANZANIA
THE JUDICIARY OF TANZANIA

EXHIBITS MANAGEMENT
GUIDELINES
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TABLE OF CONTENTS

PREFACE ......................................................................................... iii

STATUTES......................................................................................... iv
SUBSIDIARY LEGISLATION........................................................................ v
ORDER .......................................................................................... v
TABLE OF CASES.................................................................................. v
BOOK .........................................................................................vii
ABBREVIATIONS.................................................................................viii
DEFINITION OF TERMS.........................................................................viii
CHAPTER ONE.................................................................................... 1
1. INTRODUCTION.......................................................................... 1
1.1. Background and Rationale for Developing the Guidelines................ 1
1.2. Objectives....................................................................... 2
CHAPTER TWO................................................................................... 3
2. TENDERING OF EXHIBITS IN COURT................................................... 3
2.1. The Concept of an Exhibit................................................. 3
2.2. Exhibits and Articles for Identification................................... 3
2.3. Types and Categories of Exhibits.......................................... 3
2.4. Tendering of Exhibits....................................................... 3
2.4.1. Who may Tender Exhibits.................................................. 3
2.4.2. Conditions Precedent Before Tendering Exhibit........................ 4
2.4.2.1. Civil Cases.................................................................... 4
2.4.2.2. Criminal Cases............................................................... 5
2.4.3. Steps in Tendering Exhibits................................................ 6
2.4.4. Procedure Where Parties Agree on Admission of Exhibits............. 7
2.4.5. Marking....................................................................... 7
2.4.6. Endorsement................................................................. 7
2.4.7. Value of Exhibits (Weight/Value Attached to the Exhibit)............ 8
2.4.8. Where the Authenticity of Document is at Issue....................... 8
2.4.9. Exhibit Wrongly Admitted.................................................. 8
2.4.10. Stages for Tendering of Exhibits.......................................... 8

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CHAPTER THREE............................................................................... 10
3. ADMISSION AND CHAIN OF CUSTODY OF EXHIBITS.................................10
3.1. Introduction.................................................................10
3.2. General Principles for Admitting or Rejecting Exhibits in Court....10
3.3. Principles to be Considered on Admission of Electronic Exhibits...10
3.4. Cautioned or extrajudicial statements.................................11
3.5. Procedure for Tendering Cautioned and Extrajudicial Statements.11
3.6. Exhibits Under Special Circumstances..................................13
3.6.1. Statement of Persons who cannot be Called to Testify...............13
3.6.2. Government Analyst Report...............................................13
3.6.3. Finger Print Expert Report................................................13
3.6.4. Handwriting Expert Report...............................................14
3.6.5. Medical Reports.............................................................14
3.7. Rejection of Exhibits.......................................................14
3.8. Chain of Custody...........................................................15
EXHIBIT ADMISSION PROCESS............................................................... 17
CHAPTER FOUR................................................................................ 18
4. STORAGE AND DISPOSAL OF EXHIBITS...............................................18
4.1. Introduction.................................................................18
4.2. Storage of Exhibits.........................................................18
4.3. Disposal of Exhibits........................................................19
4.4. Storage and Disposal of Exhibits Under Special Circumstances.....20
4.4.1. Perishable Goods...........................................................20
4.4.2. Explosives and Dangerous Exhibits......................................20
4.4.2.1. The court shall record the proceedings for the said disposal.......20
4.4.2.2. Firearms and Ammunitions................................................20
4.4.2.3. Illicit Drugs..................................................................21
4.4.2.4. Drugs, Foods and Cosmetics..............................................21
4.4.2.5. Animals......................................................................21
4.4.2.6. Trophies......................................................................21
4.4.2.7. Minerals......................................................................22
4.4.2.8. Exhibits in more than one Case or Court...............................22
4.4.2.9. Where Exhibits Cannot be Brought Before the Court.................22
4.4.2.10. In Extradition Cases........................................................22

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PREFACE

Administration of justice in both criminal and civil cases is the core

function of the judiciary. In adjudicating such cases, various procedural
processes are involved, among them being production by the parties
or their witnesses and admission, rejection and disposal of exhibits by
the court. However, the judiciary has been experiencing challenges in
the process of admission of exhibits and in their management. This has
been caused by unsystematic and inconsistent handling of exhibits and
lack of uniformity. There have also been instances of loss, misplacement,
destruction and mishandling of perishable exhibits. In order to address the
existing challenges, these Guidelines have been developed.
It is imperative to note that, management of exhibits form part of the trial
processes and thus requires uniformity to guide Judges and Magistrates
across all court levels in matters relating to admission, rejection and
disposal of exhibits. Exhibits Management Guidelines is a guidance that has
been developed from, inter alia, statutes, rules and case law. Therefore,
these Guidelines are intended to cover tendering of exhibits in court, their
admission, rejection, chain of custody and management after admission.
It is expected that the Guidelines will assist the courts in achieving the
required goal. Thus, all judicial officers and other officers concerned with
handling exhibits are obliged to make use of the Guidelines in handling
exhibits and offer suggestions and lessons learnt in the process of using
them.

……………………………………….
Dar es Salaam Prof. Ibrahim Hamis Juma
September.2020 Chief Justice

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STATUTES

1. The Civil Procedure Code [Cap. 33 R.E. 2019].

2. The Criminal Procedure Act [Cap. 20 R.E. 2019].
3. The Cyber Crime Act [Cap. 443].
4. The Drugs Control and Enforcement Act [Cap. 95 R.E 2019]
5. The Economic and Organized Crimes Control Act [Cap. 200 R.E.
2019].
6. The Electronic Transaction Act [Cap. 442].
7. The Evidence Act [Cap. 6 R.E. 2019].
8. The Firearms and Ammunitions Control Act [Cap. 223 R.E. 2002].
9. The Magistrates’ Courts Act [Cap. 11 R.E. 2019].
10. The Mutual Assistance in Criminal Matters Act [Cap. 254 R.E. 2002].
11. The Oaths and Statutory Declarations Act [Cap. 34 R.E. 2019].
12. The Police Force and Auxiliary Services Act [Cap. 322 R.E. 2002].
13. The Registration of Documents Act [Cap. 117 R.E. 2002].
14. The Stamp Duty Act [Cap. 189 R.E. 2002].
15. The Tanzania Foods, Drugs and Cosmetics Act [Cap. 219].

16. The Wildlife Conservation Act [Cap. 283 R.E. 2010].

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SUBSIDIARY LEGISLATION

The Drugs Control and Enforcement (General) Regulations, 2016 (GN. No.
173 of 2016).

ORDER
Police General Orders (PGO).

TABLE OF CASES

1. A.A.R. Insurance Agency (T) Limited v. Beatus Kisusi, Civil Appeal

No. 67 of 2015, CAT (unreported).
2. Abdallah Abass Najim v. Amini Ahmed Ali [2006] T.L.R. 55 (CAT).
3. Adan v. Republic [1973] EA 445 (CAN).
4. Director of Public Prosecutions v. Kristina d/o Biskasevskaja,
Criminal Appeal No. 76 of 2016, CAT (unreported).
5. Director of Public Prosecutions v. Mirzai Pirbakhshi @ Hadji & 3
Others, Criminal Appeal No. 493 2016, CAT (unreported).
6. Director of Public Prosecutions v. Sharifu s/o Mohamed @Athumani
& 6 Others, Criminal Appeal No. 74 of 2017, CAT (unreported).
7. Elias Melami Kivuyo v. Republic, Criminal Appeal No 40 of 2014, CAT
(unreported).
8. Emmanuel Saguda @ Sulukuka & Another v. Republic, Criminal
Appeal No. 422 “B” of 2013, CAT (unreported).
9. Fredy Stephano v. Republic, Criminal Appeal No. 65 of 2007, CAT
(unreported).
10. Godbless Johnathan Lema v. Mussa Hamis Mkanga & 2 Others, Civil
Appeal No. 47 of 2012, CAT (unreported).
11. Halmashauri ya Kijiji cha Vilima Vitatu v. Udaghwenga Bayay & 16
Others, Civil Application No. 16 of 2013, CAT (unreported).
12. Isaya Job v. Republic, Criminal Appeal No. 319 of 2017, HC
(unreported).
13. Issa Hamisi Likamalila v. Republic, Criminal Appeal No. 125 of 2005,
CAT (unreported).
14. Issa Hassan Uki v. Republic, Criminal Appeal No. 129 of 2017, CAT
(unreported).

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15. Japan International Corporation Agency [JICA] v. Khaki Complex
Limited [2006] T.L.R. 343 (CAT).
16. Josephat L.K. Lugaimukamu v. Fr. Kanute J. Mzuwanda [1986] T.L.R.
69 (HC).
17. Juma Ismail & Another v. Republic, Criminal Appeal No. 501 of 2015,
CAT (unreported).
18. Juma v. Habibu, [1975] 1 EA 108 (HCT).
19. Khalid Athumani v. Republic [2006] T.L.R. 79 (CAT).
20. Kunduchi Beach Hotel and Resort v. Mint Master Security Tanzania
Limited, Civil Appeal No. 67 of 2014, CAT (unreported).
21. Lazarus Mirisho Mafie and M/S Shidolya Tours & Safaris v. Odilo
Gasper Kilenga Alias Moiso Gasper, Commercial Case No.10 of 2008,
HC (unreported).
22. Manje Yohana v. Fikirini Athuman, Criminal Appeal No. 147 of 2016,
CAT (unreported).
23. Mashaka Abel Ezekiel v. Republic, Criminal Appeal No. 297 of 2013,
CAT (unreported).
24. Paulo Maduka & 4 Others v. Republic, Criminal Appeal No. 110 of
2007, CAT (unreported).
25. Republic v. Median Boastice Mwale & 3 others, Criminal Appeal No.
2 of 2016, CAT (unreported).
26. Selemani Abdallah & 2 Others v. Republic, Criminal Appeal No. 384
of 2008, CAT (unreported).
27. Shilinde Bulaya v. Republic, Criminal Appeal No. 185 of 2013, CAT
(unreported).
28. Song Lei v. Republic and Director of Public Prosecutions,
Consolidated Criminal Appeals No.16 ‘A’ of 2016 and No. 16 of 2017,
CAT (unreported).
29. Sprian Justine v. Republic, Criminal Appeal No. 226 of 2007, CAT
(unreported).
30. Standard Chartered Bank Tanzania Limited v. National Oil Tanzania
Limited and Exim Bank, Civil Appeal No 98 of 2018, CAT (unreported).
31. Stella Masha v. Tanzania Oxygen Limited, [2003] T.L.R 64 (CAT).
32. Sumni Amma Awenda v. Republic, Criminal Appeal No. 393 of 2013,
CAT (unreported).

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 33. Thomas Ernest Msungu @Nyoka Mkenya v. Republic, Criminal Appeal
No. 78 of 2012, CAT (unreported).
34. Twaha s/o Ali & 5 Others v. Republic, Criminal Appeal No. 78 of
2004, CAT (unreported).
35. Uganda Breweries Ltd v. Uganda Railways Corporation, [2002] 2 EA
634 (SCU).
36. Yohana Kulwa @ Mwigulu & 3 Others v. Republic, Consolidated
Criminal Appeals No.192 of 2015 and 397 of 2016, CAT (unreported).
37. Zainabu Nassoro @ Zena v. Republic, Criminal Appeal No. 348 of
2015, CAT (unreported).
38. Zakaria Barie Bura v. Theresia Maria John Mubiru [1995] T.L.R 211
(CAT).

BOOK
Black’s Law Dictionary. 8th ed. Bryan A. Garner Editor in Chief, St, Paul,
MN Thomson: West, 2004.

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ABBREVIATIONS
CAN Court of Appeal at Nairobi.
CAP Chapter.
CAT Court of Appeal of Tanzania.
CPA Criminal Procedure Act.
CPC Civil Procedure Code.
D.P.P Director of Public Prosecutions.
EA East Africa.
EOCCA The Economic and Organized Crime Control Act.
HC High Court.
MCA Magistrates’ Courts Act.
OSDA Oaths and Statutory Declarations Act.
PF3 Police Form No. 3.
R Republic.
R.E Revised Edition.
SCU Supreme Court of Uganda.
T.L.R Tanzania Law Report.

DEFINITION OF TERMS

“court” refers to the Court of Appeal of Tanzania, High Court of Tanzania, Court of
the Resident Magistrate, District Court and Primary Court;
“exhibit” refers to a document, record or any other tangible object formally admitted
in court as evidence.
“register” a book containing records of exhibits admitted in court proceedings and kept
by the court.
“registrar” refers to the Chief Registrar, the Registrar of the Court of Appeal, the
Registrar of the High Court and Deputy Registrar or Acting Deputy Registrar;

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 CHAPTER

ONE
1. INTRODUCTION
The Exhibits Management Guidelines (the Guidelines) are to be
applied by judicial and other court officers responsible for handling
exhibits during court processes with a view to ensuring their safe
keeping, storage, disposal and ultimately, attaining timely access to
justice and expeditiousness. These Guidelines are not a substitute for
procedural laws rather, a guide on the manner in which exhibits are
to be handled, before, during and after trial. Therefore, they should
be read together with relevant statutes, rules and circulars in the
administration of justice in Tanzania.

1.1. Background and Rationale for Developing the Guidelines

The Judiciary of Tanzania is implementing a Five-Year Strategic Plan
(JSP 2015/16-2019/20) with three goals aimed at improving delivery of
services, access to justice and expeditiousness in dispensing justice.
The proper admission, keeping and disposal of exhibits enhance trust
and confidence in the administration of justice and timely disposal of
cases. Proper handling of exhibits, therefore, contributes to effective
management of cases, which is paramount in the administration of
justice. However, issues relating to admission, rejection and disposal
of exhibits are beset with problems and there is dissatisfaction in the
way the exhibits are handled and disposed of.

Management of exhibits form part of the trial processes and thus

requires uniformity to guide Judges and Magistrates across all court
levels. The current situation reveals that, there has been no uniformity
in handling exhibits. Therefore, it is important for the Judiciary
of Tanzania to have exhibits management guidelines on admission,
rejection and disposal of exhibits tendered in court.

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1.2. Objectives
The main objective of these Guidelines is to provide quick reference
which guide the process of handling exhibits. In particular, the
Guidelines aim at:

(a) offering concise, transparent and easy-to-follow principles and

processes;
(b) providing an overview of aspects of admission, rejection and
disposition of exhibits;
(c) attaining uniformity and common understanding on procedural
steps to be taken by the courts, parties or their representatives;
and
(d) reducing instances of conflicting decisions arising from handling
of exhibits which have a similar nature.

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 CHAPTER

ONE
2. TENDERING OF EXHIBITS IN COURT

2.1. The Concept of an Exhibit

An exhibit refers to a document, record or any other tangible object
formally admitted in court as evidence.

2.2. Exhibits and Articles for Identification

An exhibit can be distinguished from an article such as document,
record or other tangible object produced and marked for identification
purposes (“ID”). It is marked an exhibit when duly identified, cleared
and admitted. Where an article is identified but not cleared for
admission it may be produced and marked for identification purposes
(“ID”) only.

2.3. Types and Categories of Exhibits

There are two major categories of exhibits which are real exhibits and
documentary exhibits.
i) Real exhibits are tangible objects such as clothes, weapons,
tools, vehicles, drugs and others.
ii) Documentary exhibit are exhibits which are in written form.

2.4. Tendering of Exhibits

In tendering exhibits, courts shall take into account principles of
admissibility of exhibits.

2.4.1. Who may Tender Exhibits

Exhibits may be tendered in court during preliminary hearing by legal
counsel or prosecutor if not objected. However, during hearing they
must be tendered by the following-
(a) a maker or author of a document;
(b) a person who at one point in time possessed anything subject of
the trial;

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 (c) custodian of an exhibit;
(d) actual owner;
(e) addressee;
(f) arresting, searching or investigating officer; or
(g) an officer from a corporate entity to which an exhibit relates.1
(h) any person with knowledge of the exhibit.

2.4.2. Conditions Precedent Before Tendering Exhibit

Before admitting an exhibit, the court must observe legal requirements
for its admissibility. The witness must point out specific identification
marks, brand or trade name or other peculiar features in relation to
the exhibit to be tendered.

2.4.2.1.Civil Cases
Before admitting exhibits in civil cases, the court shall satisfy itself
that-
(a) the witness is competent to tender the exhibit (i.e. maker,
addressee, custodian, owner, possessor);
(b) the exhibit had been attached to the pleadings or included in
a list of documents filed in court;2
(c) the exhibit is original;3
(d) where a party intends to tender an exhibit which is not
original, he must have complied with the following conditions
before it is admitted, that is:
i) the opponent who is in possession of the original has
failed to produce the same even after being given notice
to produce;
ii) the original is in possession of a third party who is out of
reach of, or not subject to the process of the court and
efforts to make him produce the same have failed;
iii) the content, existence or condition of the original has
been admitted in writing by the person against whom the
document is to be tendered or his representative;.......
iv) the original has been destroyed or lost, or cannot be
produced within a reasonable time;
1 Thomas Ernest Msungu @Nyoka Mkenya v. Republic, Criminal Appeal No. 78 2012, CAT (unreported); Director of Public
Prosecutions v. Kristina d/o Biskasevskaja v. Republic, Criminal Appeal No. 76 of 2016, CAT (unreported) and Director of
Public Prosecutions v. Mirzai Pirbakhshi & 3 Others, Criminal Appeal No. 493 of 2016, CAT (unreported).
2 O. VII rr. 14, 15 and 18; and O. XIII rr. 1; and 11 of The Civil Procedure Code [Cap. 33 R.E. 2019].
3 Section 64(1) of the Evidence Act [Cap. 6 R.E. 2019].

4
 v) the original is of such a nature as not to be easily movable;
vi) originals cannot conveniently be examined in court on
account of being numerous and the fact to be proved is a
general result of the whole collection; or
vii) for any other reason recognized by law a copy of the
original may be admitted.
(e) if the exhibit is an instrument chargeable with stamp
duty, such instrument has been stamped;
(f) if a document requires a separate declaration before it
is admitted in court, such declaration has been shown as
reflected below, that is:
(a) the law requires certain officials or persons to sign the
exhibit, that the officials or persons have signed it.4
(b) a document from a foreign country sought to be admitted
under the Mutual Assistance in Criminal Matters Act has
been signed by a Judge or Magistrate or Officer in or of
a foreign country and authenticated by oath of a witness
or an officer of the Government of a foreign country or
sealed with an official public seal of the foreign country
or of a Minister.5
(g) where the document is to be registered under any law,
such registration must be shown to have been done.
Such documents include contract of sale, assignment,
mortgage and leases.6

2.4.2.2. Criminal Cases

The procedure regarding admission of exhibits applicable in civil cases
is generally applicable in criminal cases, save for the requirement of
attaching them to the pleadings and list of documents.
In cases committed to the High Court for trial, documents to be
tendered as exhibits in the High Court are those listed during the
committal proceedings and the preliminary hearing.

4 Section 38 (3) of the Criminal Procedure Act [Cap. 20 R.E. 2019].

5 Section 38(2) (a) and (b) of The Mutual Assistance in Criminal Matters Act [Cap. 254 R.E. 2002] and Republic v. Median
Boastice Mwale & 3 Others, Criminal Appeal No. 2 of 2016, CAT (unreported).
6 Section 9 of the Registration of Documents Act [Cap. 117 R.E. 2002].

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 2.4.3. Steps in Tendering Exhibits
Step 1: Ensure a witness has laid a foundation evidence for
tendering an exhibit, (i.e. witness explains how the
exhibit is connected to the case and how it came in his
possession).
Step 2: Ensure the exhibit is shown to the opposing party for
comment.7
Step 3: Whether or not there is an objection, the exhibit will be
shown to a magistrate or judge to see and inspect.
Step 4: Where there is an objection, the party who seeks to tender
that exhibit has to be accorded an opportunity to respond;
in case a new point is raised by a party proposing to tender
it, then the party objecting will rejoin.
Step 5(i): Where there is no objection, the judge or magistrate may
admit the exhibit provided it has passed the admissibility
test.
Step 5(ii): Where there is an objection, the presiding judge or
magistrate will rule on the admissibility of the exhibit.
Step 6(i): When the exhibit is rejected it will be returned to the
party who proposed to tender it.
Step 6(ii): When the exhibit is admitted the judge or magistrate will
mark and endorse it.
Step 7: Once the exhibit is admitted, a person tendering the
exhibit shall read out its contents in court.
It should be noted that during the tendering process, the contents
of the documents should not be read out in court until it has been
admitted as an exhibit.8
Step 8: The presiding Judge or magistrate shall ensure the Registry
Management Assistant prepares and keeps a list of exhibits
tendered, in the case file.

7 Isaya Job v. Republic, Criminal Appeal No. 319 of 2017, HC (unreported).

8 Manje Yohana v. Fikirini Athuman, Criminal Appeal No. 147 of 2016, CAT (unreported) and Sumni Amma Awenda v. Republic,
Criminal Appeal No. 393 of 2013, CAT (unreported).

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 2.4.4. Procedure Where Parties Agree on Admission of
Exhibits
(a) Where parties in civil proceedings agree to the admission of
exhibits, they shall execute a memorandum containing a list
of such documents and the court may admit such exhibits
subject to other statutory requirements.9
(b) Where the exhibit is the one which the Court can take judicial
notice, then, the court may hear observations from the parties
but shall admit it.

2.4.5. Marking
Marking of exhibit refers to giving an identity simple to an exhibit.
There is no law which prescribes the manner of marking exhibits.
In practice, it constitutes letters and numbers such as “P1” or “D1”
depending on the side of the party (prosecution or defence).

Prosecution
Both in civil and criminal cases “P” followed by numbers is usually
preferred. i.e. P1, P2, P3...
Defence
Both in civil and criminal cases D1, D2, D3...
Court
Where a court witness produces an exhibit, it is usually marked as C1,
C2, C3 ...
The admitted exhibits is duly stamped, dated and signed by the court
in the face itself.

2.4.6. Endorsement
Once an exhibit has been admitted it shall be endorsed. The
endorsement shall contain the following particulars:

(a) the number and title of the case;

(b) the name of the person producing it;
(c) the date on which it was produced;
(d) a statement of it having been so admitted; and
(e) a signature or initials of the presiding judge or magistrate.
There is no prescribed format, but the practice has been a rubber
stamp containing spaces for filling the stated particulars.10
9 Section 60 of Evidence Act [Cap. 6 R.E. 2019].
10 O. XIII r. 4 of the Civil Procedure Code [Cap. 33 R.E. 2019], Japan International Corporation Agency v. Khaki Complex Limited
[2006] T.L.R. 343, A.A.R. Insurance Agency (T) Limited v. Beatus Kisusi, Civil Appeal No. 67 of 2015, CAT (unreported) and

7
 2.4.7. Value of Exhibits (Weight/Value Attached to the Exhibit)
The general rule is that only the exhibits which have been marked and
endorsed in accordance with O. XIII r. 4 of the Civil Procedure Code
[Cap. 33 R.E. 2019] (the CPC) form part of the record of the court and
will be considered in decision making.11 The above principle equally
applies to criminal proceedings. However, failure to endorse exhibits
may not necessarily render them invalid.12

It should be borne in mind that admission and evidential weight of

exhibits are two different concepts and processes.

Admission is a process of receiving an exhibit in the course of hearing

and evidential weight of exhibit connotes the probative value to be
attached to the exhibit.
2.4.8. Where the Authenticity of Document is at Issue
When the objection to authenticity of the exhibit such as forgery is
raised during tendering, the court may record but reserve the decision
thereon to the final determination of the case. The reason is that
authenticity touches the contents of the documents which cannot be
dealt with at the admission stage.
2.4.9. Exhibit Wrongly Admitted
If a document which is inadmissible because of a legal impediment
is otherwise admitted, the court may, during final determination,
disregard the same, for reasons to be recorded in the judgment.
2.4.10. Stages for Tendering of Exhibits
Exhibits may be tendered at various stages of the proceedings
depending on prevailing circumstances. In criminal cases, the exhibits
are tendered during:
(a) Plea Taking
i) During plea taking exhibit can be tendered by prosecutor if the
accused person pleads guilty to the offence.
ii) The trial court shall require the prosecutor to read facts of the
case and tender exhibits to prove the offence charged.

iii) The accused will be required to comment on the exhibits

tendered.
Kunduchi Beach Hotel and Resort v. Mint Master Security Tanzania Limited, Civil Appeal No. 67 of 2014, CAT (unreported).
11 Godbless Jonathan Lema v. Mussa Hamis Mkanga, Civil Appeal No. 47 of 2012, CAT (unreported).
12 Standard Chartered Bank Tanzania Limited v. National Oil Tanzania Limited and Exim Bank, Civil Appeal No 98 of 2018, CAT
(unreported).

8
 iv) If the accused does not dispute the contents of the exhibits
tendered to form part of the facts then the exhibits will be
admitted, marked and endorsed to form part of the court
record.
v) If the accused disputes contents of exhibits tendered, then his
plea will be changed to that of not guilty. The case will be set
for other steps as if there was no plea of guilty. This applies
where the exhibit tendered is to be relied upon to prove the
elements of the offence one has pleaded guilty to.
(b) During Preliminary Hearing
Prosecution exhibits may be tendered during preliminary hearing13 if
it is not disputed by the opposite party.
(c) During Trial
When witnesses are called to give oral evidence, exhibits, if any, may
also be tendered.14
(d) Inquiry/Trial Within Trial
An inquiry/trial within a trial15 is intended to determine the
voluntariness of the confessional statement such as cautioned or
extrajudicial statements.16 In order to prove voluntariness of the
confession, an accused may wish to tender a PF3 or any medical chit,
report or document to show that he was tortured. This procedure is
not conducted in primary courts.17
(e) Sentencing
In order to impose an appropriate sentence, the court may consider
exhibits and documents tendered by both parties. Such documents
may include documentary evidence showing previous conviction and
medical chit or report showing the convict’s health status.18
Note: Where an exhibit is of perishable nature or is subject of
destruction, depreciation or evaporation, the court may order
its disposal and such court order is a sufficient proof of a matter
in dispute during the trial.

13 Section 192(4) of Criminal Procedure Act [Cap. 20 R.E. 2019].

14 Section 228 of Criminal Procedure Act [Cap. 20 R.E. 2019], Adan v. Republic [1973] EA 445 at page 446 and Khalid
Athumani v. Republic [2006] T.L.R. 79 (CAT) at page 83.
15 Inquiry and trial within a trial refer to the same thing. It is called inquiry in the District Courts and in the Courts of Resident
Magistrates. The same process is called trial within trial in the High Court. See the case of Manje Yohana v. Fikirini Athuman,
Criminal Appeal No. 147 of 2016, CAT (unreported) and Sumni Amma Awenda v. Republic, Criminal Appeal No. 393 of 2013,
CAT (unreported).
16 Twaha s/o Ali & 5 Others v. Republic, Criminal Appeal No. 78 of 2004, CAT (unreported) and Selemani Abdallah & 2 Others
v. Republic, Criminal Appeal No. 384 of 2008, CAT (unreported).
17 Yohana Kulwa @ Mwigulu & 3 Others v. Republic, Consolidated Criminal Appeals No.192 of 2015 and 397 of 2016, CAT
(unreported).
18 Section 236 of the Criminal Procedure Act [Cap. 20 R.E. 2019]; Paragraphs 28 and 39 of the Third Schedule of MCA [Cap. 11
R.E. 2019].

9
 CHAPTER

THREE
3. ADMISSION AND CHAIN OF CUSTODY OF EXHIBITS

3.1. Introduction
The main legislation governing the admission of exhibits is the
Evidence Act [Cap. 6 R.E. 2019] (the Evidence Act). In the course of
applying the law, courts have also developed several principles to be
considered when admitting documents or articles.

3.2. General Principles for Admitting or Rejecting Exhibits in

Court
The general principles governing admission of exhibits in both civil
and criminal proceedings underscore factors including the following:
(a) Relevance: the exhibit is relevant if it tends to make a fact that
it is offered to prove or disprove either more or less probable.
For the document to be admitted it must be both authentic and
relevant to the fact in issue. A document is authentic when it
is written by its supposed author and is genuinely and what it
purports or is asserted to be.
(b) Originality: the document is receivable in evidence when it is
original (primary evidence) unless the law permits otherwise
(secondary evidence).19
(c) Authenticity: the exhibit is authentic if it meets certain
requirements of reliability. Reliability may be established by
first explaining the foundation of the exhibit. So, when exhibit is
objected for want of foundation it means its competency is called
upon into question.20

3.3. Principles to be Considered on Admission of Electronic

Exhibits
Admissibility of electronic exhibits is governed by the Evidence Act and
the Electronic Transactions Act. In addition, there are other principles
developed by case law as hereunder:

19 Sections 63-68 of the Evidence Act [Cap. 6 R.E. 2019].

20 Director of Public Prosecutions v. Sharifu s/o Mohamed @ Athumani & 6 Others, Criminal Appeal No. 74 of 2016, CAT
(unreported).

10
 (a) whether the exhibit is relevant, as defined by the Evidence Act;
(b) whether the exhibit is authentic in the sense that, the person
tendering it can show that it is what it purports to be. Proof
needed may be by way of affidavit of the originator;
(c) whether the exhibit is offered for its substantive truth. If the
evidence is hearsay, it will be inadmissible;
(d) whether it is the original or duplicate of the document in question;
and
(e) whether the probative value substantially out-weighed by the
danger of unfair prejudice or other identified harm.21

3.4. Cautioned or extrajudicial statements

Another form of exhibits used in criminal proceedings includes
statements written on caution. Under section 27 of the Evidence Act,
it is called a confessional statement of the accused person. The same
is admissible in evidence if it meets certain legal requirements as
shown below:
(a) It must be made to a police officer, member of the police force
or a person in authority or justice of the peace (extrajudicial
statement);
(b) It must be voluntary and free from any threat, promise or other
prejudice held against the suspect;
(c) The accused was informed that the statement may be used in
court against him as evidence.
(d) It must be recorded in compliance with sections 57 or 58 of the
CPA or any relevant law governing the subject.
(e) It must be recorded within time specified under the law.22

3.5. Procedure for Tendering Cautioned and Extrajudicial

Statements
It has been the court practice stated in various decisions that when the
cautioned statement is repudiated or retracted when sought to
be tendered, a trial within a trial or inquiry is to be conducted.23

21 Lazarus Mirisho Mafie and M/S Shidolya Tours & Safaris v. Odilo Gasper Kilenga Alias Moiso Gasper, Commercial Case No.
10 of 2008, HC (unreported), sections 40A and 64A of the Evidence Act [Cap. 6 R.E. 2019] and sections 18 and 19 of the
Electronic Transactions Act [Cap. 442].
22 Section 50 and 51 of the Criminal Procedure Act [Cap. 20 R.E. 2019], Selemani Abdallah & 2 Others v. Republic, Criminal
Appeal No. 384 of 2008, CAT (unreported) and Mashaka Abel Ezekiel v. Republic, Criminal Appeal No. 297 of 2013, CAT
(unreported).
23 Selemani Abdallah & 2 Others v. Republic, Criminal Appeal No. 384 of 2008, CAT (unreported).

11
 The procedure entails the following steps:
(a) When an objection is raised as to the voluntariness of the statement
intended to be tendered as an exhibit, the trial court shall stay
the proceedings;
(b) The trial court shall commence a mini trial from the stage where
the main proceedings were stayed and call upon the prosecutor to
adduce evidence in respect of that aspect of voluntariness. The
witnesses must be sworn or affirmed;24
(c) Whenever a prosecution witness finishes his evidence, the accused
or his advocate should be given opportunity to ask questions;
(d) Then the prosecution will re-examine its witness;
(e) When all witnesses had testified, the prosecution shall close the
trial within trial or inquiry;
(f) Then the court is to call upon the accused to give his evidence and
call witnesses, if any. They shall be sworn or affirmed;
(g) Whenever a witness finishes, the prosecution to be given
opportunity to cross-examine the witness;
(h) The accused or his advocate to be given opportunity to re-examine
his witness if he so wishes;
(i) After all witnesses have testified, the accused or his advocate
shall close his case in the trial within trial or inquiry;
(j) The court will then deliver a ruling on a trial within trial or inquiry;
(k) In case the court finds out that the statement was voluntarily
made (after delivery of the ruling) then the court should resume
the proceedings by reminding the witness who was testifying
before the proceedings were stayed that he is still on oath and
should allow him to tender the statement as an exhibit. The
court shall accept and mark it as an exhibit and thereafter require
the witness to read it loudly in court;25
(l) If the court finds out that the statement was not made voluntarily,
it shall reject it and resume the main trial; and
(m) In cases of trials with the aid of assessors, the assessors shall
be discharged during the process of trial within trial and invited
back after the ruling after which the witness who was testifying
before the proceedings were stayed that he is still on oath and
shall allow him to tender the statement as an exhibit. The court
shall accept and mark it as an exhibit and thereafter require the
witness to read it loudly in court.

24 Section 198 of the Criminal Procedure Act [Cap. 20 R.E. 2019].

25 Sumni Amma Awenda v. Republic, Criminal Appeal No. 393 of 2013, CAT (unreported).

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 3.6. Exhibits Under Special Circumstances
There are special circumstances where exhibits that would otherwise
be inadmissible may be admissible. These are:

3.6.1. Statement of Persons who cannot be Called to Testify

This is governed by section 34B (2) of Evidence Act. The statement is
tendered when the maker of the statement cannot be brought before
the court for various reasons.26 One of the conditions is for the party
intending to rely on such statement to issue a notice requesting for
the tendering of the statement.27

3.6.2. Government Analyst Report

This is governed by section 203 of the Criminal Procedure Act [Cap. 20
R.E. 2019] (The CPA). It refers to reports purportedly made under the
hand of any government analyst. The court has to presume:
(a) that the signature to any such document is genuine; and
(b) that the person signing it held the office which he professed to
hold at the time when he signed it.
Also, the court has the duty, if it thinks fit, to summon and examine
the analyst as to the subject matter of that report.

3.6.3. Finger Print Expert Report

Reports stated here include fingerprint or any photographic
representation. The same are receivable in evidence in any inquiry,
trial or other proceedings. In such circumstances, under section 204
of the CPA, the court has to:
(a) presume that the signature to any such report is genuine; and
(b) on its own motion or on application by the accused or his advocate,
summon, and examine or make available for cross-examination,
the person who made such report.

26 Section 34B (2) (a) of the Evidence Act [Cap. 6 R.E. 2019]. These reasons must be met cumulatively. See: Fredy Stephano v.
Republic, Criminal Appeal No. 65 of 2007 CAT and Juma Ismail & Another v. Republic, Criminal Appeal No. 501 of 2015 CAT
(both unreported).
27 Section 34B (1) and all sub-section (2) (b) to (f) of Evidence Act [Cap. 6 R.E. 2019] and Elias Melami Kivuyo v. Republic,
Criminal Appeal No 40 of 2014, CAT (unreported).

13
 3.6.4. Handwriting Expert Report
Under section 205 of the CPA, reports on any handwriting, or any
photographic representation of any handwriting, photographic prints,
enlargements or other annexures referred to in it and signed by the
handwriting expert, shall be admitted after satisfying the following
requirements; -
(a) The report shall be in accordance with the form set out in the
Seventh Schedule to the CPA;
(b) The court has to summon for examination and/or cross-examination
of the maker of the report, if it thinks fit or if the accused or his
advocate so requests;
(c) The court has to presume the signature to any such report, print,
enlargement or annexure is genuine.

3.6.5. Medical Reports

The reports made by medical practitioners such as PF3, post mortem
examination reports are governed by section 240 of the CPA for
proceedings conducted before subordinate courts and section 291 of
the CPA, for proceedings before the High Court.28
Medical reports may be admitted as exhibits in court but the court
shall:
(a) inform the accused of his right to require the person who made
the report to be summoned for cross-examination;
(b) presume that the signature to any such document is genuine;
(c) presume that the person signing the same held the office; and
(d) presume that the person had qualifications which he professed to
have when he signed the same.
Note: The presumptions stated under sections 203, 204, 205, 240 and
291 of the CPA, as shown above, are emphasized under sections
88 to section 99 of the Evidence Act.

3.7. Rejection of Exhibits

When exhibits are tendered in court, they have either to be admitted
or rejected. When an exhibit is admitted, it follows therefore that the
court admitting it must place it on record by endorsing or marking it.
The exhibit that has been rejected for the reasons stated in the ruling
rejecting it, must be returned to the person producing it.29

28 Sprian Justine v. Republic, Criminal Appeal No. 226 of 2007, CAT (unreported) and Issa Hamisi Likamalila v. Republic,
Criminal Appeal No. 125 of 2005, CAT (unreported).
29 Japan International Cooperation Agency [JICA] v. Khaki Complex Limited [2006] T.L.R. 343 (CAT).

14
 3.8. Chain of Custody
In a legal context, chain of custody means the sequential order
with which a piece of evidence is to be handled while the case is
under investigation. It is a chronological paper trail that exhibits are
collected, handled, analyzed, or otherwise controlled from seizure to
exhibition. It contains the following principles:
(a) the main governing provisions of the laws included section 38 of
CPA, section 35 of the Police Force and Auxiliary Services Act, and
Police General Orders (PGO) No. 229;
(b) there are other laws that specifically govern the procedure on
seizure. Under section 22(1) of the EOCCA, on offences of the
economic nature, section 31 of the Cyber Crimes Act, on offences
relating to Cyber Crimes and section 48 of the Drugs Control and
Enforcement Act, on drugs cases;
(c) in order to uphold the standards and requirements of the law,
it is necessary that the chain of custody is unbroken without
discrepancies;30
(d) the chain of custody of exhibits starts when the exhibit is seized
and ends when it is tendered in court;
(e) the seizure process depends on the nature of the exhibit and the
offences involved;
(f) the procedure to be followed when an exhibit is seized is the
following:
i) the officer seizing the article has to issue a receipt
acknowledging seizure of the thing;
ii) the receipt should bear the signature of the owner or occupier
of the premises, or his near relative, or other person for the
time being in possession or control of the premises;
iii) need for the presence of an independent witness who has to
sign the certificate of seizure;
iv) the exhibit has to be labeled, coded or sealed;
v) record of who transferred and how it was transferred or from
one place to another or from one person to another;
vi) the custody record has to reflect who and how the exhibit
was kept;
vii) the record must show who has been in control of the same
since it was seized; and

30 Paulo Maduka & 4 Others v. Republic, Criminal Appeal No. 110 of 2007, CAT (unreported). It is important to note that there
are decisions that limited the applicability of this case. See Issa Hassan Uki v. Republic, Criminal Appeal No. 129 of 2017,
CAT (unreported).

15
 viii) the record must show who and how it was handled for analysis
and who analyzed it.
(g) the law requires that all procedures in respect of the chain of
custody must be adhered to.31
Note: The idea behind recording the chain of custody, is to establish
that the alleged exhibit is in fact related to the alleged crime
rather than, for instance, having been planted fraudulently to
make someone appear guilty.

31 Zainabu Nassoro @ Zena v. Republic, Criminal Appeal No. 348 of 2015, CAT (unreported).

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EXHIBIT ADMISSION PROCESS

17
 CHAPTER

FOUR
4. STORAGE AND DISPOSAL OF EXHIBITS

4.1. Introduction
The court is duty bound to make sure that exhibits received during
court proceedings are properly managed. Management of exhibits
among other things, entails maintaining a chain of custody, storage
and ultimately their disposal as provided in the CPA and other relevant
pieces of legislation.

4.2. Storage of Exhibits

The main objectives of exhibit storage include maintaining the integrity
of exhibit, ensuring its safe keeping and security and maintaining
chain of custody.
(a) Every court shall designate a special room(s) for the purpose
of storing exhibits;
(b) Every exhibit room shall have in place an exhibit register
identifying information along with location where the item
has been stored/transferred;
(c) The Registrar or Magistrate-in-Charge shall inspect the exhibit
registers at the end of every month for purposes of ensuring
existence of the exhibits and disposition where necessary;
(d) Once the exhibits have been admitted in evidence, the court
shall record their numbers of admission and place of storage;
(e) The exhibit rooms shall be maintained under the exclusive
control of an authorized court officer;
(f) The Registrar or Magistrate-in-Charge shall appoint in writing
employees who shall be responsible for day to day control and
management of the exhibit room;
(g) Exhibits should be stored in exhibits rooms or store at a court
registry, police station or any safe place as the court may
direct depending on its nature;
(h) There should be a record in the case file indicating that a
particular exhibit has been stored in a place other than the
court’s exhibit room;

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 (i) Documentary exhibits which are sensitive should not be stored
in a case file;
(j) The exhibit room should be clean, equipped with fire
suppression equipment, numbered shelves and boxes for easy
reference and identification;
(k) Storage of exhibit should involve dual verification to maintain
an accurate chain of custody;
(l) Exhibits relating to drugs and money should be verified with
regard to weight and amounts through the exhibit register;
(m) All exhibits should have stickers or tags against the exhibit
register;
(n) Stickers and tags should bear exhibit case numbers and parties;
(o) All exhibits should be maintained in the original packaging and
stored in a consistent manner taking safety, security and easy
identification; and
(p) To ensure safety there shall be an inventory on monthly or
quarterly basis of the exhibits stored.

4.3. Disposal of Exhibits

Disposal of exhibits is done at the conclusion of the trial or appeal as
indicated by the CPA.32 Disposal aims at ensuring that an exhibit has
met the retention schedule.33 However, under special circumstances
disposal can be done before or during trial as indicated below:
(a) the court shall give disposal order in respect of exhibit
tendered in court and if not disputed shall be returned to the
lawful owner until needed by the court;
(b) the court shall give disposal order in respect of exhibit that
was tendered in court immediately after completion of the
trial or appeal or on expiration of appeal time (where there is
no appeal).
(c) the court order shall direct exhibits tendered be returned
to the lawful owner, destroyed, sold and or forfeited to the
government;
(d) during monthly inspection of exhibit rooms, the court shall
determine exhibits eligible for disposal or destruction; and
(e) a 30 days’ notice of intent to dispose of exhibits be issued to
the state attorney’s office, seizing agency, defense counsel,
victims or accused person(s).
32 Section 351 (1) of Criminal Procedure Act [Cap 20 R.E. 2019] also Song Lei v. Republic and Director of Public Prosecutions,
Consolidated Criminal Appeals No. 16 ‘A’ of 2016 and No. 16 of 2017, CAT (unreported).
33 Section 353(1) of the Criminal Procedure Act [Cap.20 R.E.2019].

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 4.4. Storage and Disposal of Exhibits Under Special
Circumstances

4.4.1. Perishable Goods

(a) The court may order storage or disposal of perishable goods
before commencement or during trial depending on the nature
of the exhibit; and
(b) Storage or disposal order shall direct where and how the
perishable goods shall be kept and treated. 34

4.4.2. Explosives and Dangerous Exhibits

Explosive and dangerous exhibits such as petrol, kerosene, poison,
bombs and similar substances are special items which must be treated
with great care. To ensure this:
(a) the court shall take precautions when admitting exhibits of
explosive nature;
(b) the court shall order the local fire department or appropriate
agency to transfer such exhibits to the fire department or the
said agency for storage;
(c) the court shall order storage or disposal of exhibits before
commencement or during the trial depending on the nature of
the exhibits; and
(d) the police or special agency and the prosecutor shall be
responsible for returning the exhibit to the police station or
special agency office for destruction or otherwise as may be
stipulated by the order.

4.4.2.1. The court shall record the proceedings for the

said disposal

4.4.2.2. Firearms and Ammunitions

(a) The Judge or Magistrate or in their absence, any authorized
officer shall order exhibits of this nature to be kept at police
station armoury; and
(b) The court shall order return or forfeiture of the exhibit
depending on the circumstances of the case.35

34 Section 353(2) of Criminal Procedure Act [Cap. 20 R.E. 2019].

35 Section 56 of the Firearms and Ammunitions Control Act, [Cap. 223 R.E. 2002].

20
 4.4.2.3. Illicit Drugs
(a) The court shall order exhibits of this nature to be kept in
strong exhibit court room at the court registry or at Drugs
Control and Enforcement Authority or any other agency;
(b) Upon determination of the case the court shall order disposal
of exhibits by way of confiscation along with the instrument
used to facilitate commission of the offence;36
(c) The court shall order disposal of drugs tendered as exhibit by
way of destruction;37 and
(d) The court shall require responsible authority to comply with
the disposal order.

4.4.2.4. Drugs, Foods and Cosmetics

(a) The court shall order exhibits of this nature to be kept in
strong exhibit room at the court registry or at Tanzania Drugs,
Foods and Cosmetics Authority; and
(b) Upon determination of the case the court shall order disposal
of exhibits by forfeiture to the Government or by way of
destruction.38

4.4.2.5. Animals
(a) The court shall order storage or disposal of animal goods
before commencement or during trial depending on the
circumstances of the case;
(b) Where possible the court shall order the animals to be under
the custody of the claimant or as the court may determine
until determination of the case; and
(c) On conclusion of the matter, the court shall order disposal of
exhibits by way of sale or return to the owner.

4.4.2.6. Trophies
(a) The court shall order storage of exhibits of this nature in
strong exhibit room at the court registry or at Tanzania Wildlife
Management Authority depending on the circumstances of the
case; and

36 Section 49A of Drugs Control and Enforcement Act [Cap. 95 R.E 2019]
37 Rule 14 of the Drugs Control and Enforcement (General) Regulations, 2016 (GN. No. 173 of 2016).
38 Section 354(2) of Criminal Procedure Act [Cap 20 R.E. 2019] and Section 115 of The Tanzania Drugs, Foods and Cosmetics
Act [Cap. 219]

21
 (b) Upon determination of the case the court shall order disposal
of exhibit by order of confiscation.39

4.4.2.7. Minerals
(a) The court shall order storage of exhibits of this nature in
strong exhibit room at the court registry or at the ministry
responsible for minerals depending on the circumstances of
the case; and
(b) Upon determination of the case the court shall order disposal
of exhibits by order of confiscation.

4.4.2.8. Exhibits in more than one Case or Court

(a) The court shall take note in the register of the exhibits used
in more than one case or court;
(b) Exhibits used in more than one case or court may be stored in
the court where the exhibit was first admitted; and
(c) The last court where the exhibit was admitted shall order
disposal upon determination of the case.40

4.4.2.9. Where Exhibits Cannot be Brought Before the Court

(a) The court shall order storage of exhibit that cannot be
brought before the court to be stored by respective authority
or agency; and
(b) Upon determination of the case the court shall order disposal
of exhibits depending on the nature of the exhibit.

4.4.2.10. In Extradition Cases

(a) The court shall admit and store exhibits in the manner and
procedure that the foreign country (requesting state) wishes
to be followed; and
(b) Where the requesting state has not provided the manner and
procedure for taking exhibit, the court shall admit and certify
the exhibits and send the same to the Attorney General for
transmission to the requesting state.41

39 Sections 84(2) and 88 of the Wildlife Conservation Act [Cap. 283 R.E. 2010].
40 Song Lei v. Republic and Director of Public Prosecutions, Consolidated Criminal Appeals No.16 ‘A’ of 2016 and No. 16 of
2017, CAT (unreported).
41 Sections 9 (2) and 11 9(1) (2) of the Mutual Assistance in Criminal Matters Act [Cap 254 R.E. 2002].

22
 IN THE ………………………………………COURT OF……………………..AT……………………………………..

EXHIBIT REGISTER
S/NO. DATE OF CASE NO.& TYPE OF EXHIBIT EXHIBIT LOCATION WEIGHT/ NAME & EXHIBIT MANNER NAME OF NAME OF NAME & REMARKS
RECEIVING PARTIES EXHIBIT MARK NO. TAG NO. OF STORAGE AMOUNT SIGNATURE ROOM AND DATE MAGISTRATE MAGISTRATE SIGNATURE
EXHIBIT OR OTHER RMA MANAGER / OF DISPOSAL ADMITTING DISPOSING OF THE
IDENTIFICATION HANDLING RECEIVER OF EXHIBIT THE EXHIBIT THE EXHIBIT RECEIVER AT
OF EXHIBIT THE EXHIBIT (NAME AND DISPOSAL
SIGNATURE

COMMENTS

…………………………………..……………...............................................................................

Date………………………..
DEPUTY REGISTRAR/ MAGISTRATE-IN-CHARGE

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24
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 OFFICE OF THE CHIEF COURT ADMINISTRATOR
THE JUDICIARY OF TANZANIA, 26 KIVUKONI ROAD,
P.O. BOX 9004,11409 DAR ES SALAAM
TEL: +255 22 212 3897 | 211 1586,
FAX: +255 22 211 6654,
EMAIL: [email protected],
WEBSITE: www. judiciary.go.tz,

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