In the District Court of Iringa at Iringa, the Appellants
pleaded guilty to all three counts charged with. As is the established practice
of trial courts, the prosecuting State Attorney read out the facts of the three
counts. He narrated that while the Park Rangers were undertaking their routine
patrol, they saw human foot-marks within the national park. They suspected the
marks belonged to poachers. They followed up to where the two Appellants were,
and arrested them. The two Appellants were found in possession of government
trophy (meat of one Lesser Kudu and meat of one Impala), a shotgun, and three
bullets which later formed the subject of the charge sheet. The learned State
Attorney also narrated that when the Appellants were asked by the Rangers if they
had permits to enter the national park or to possess the government trophy,
they both replied that they did not have those permits.
The Appellants raised no objection when the learned State
Attorney offered to tender as exhibits, one shotgun (reg. number 07/3023),
three bullets, one cartridge, Inventory Form (exhibit P4) and the Trophy
Valuation Certificate (exhibit P5) and their cautioned statements (exhibits P6
and P7). These were duly tendered and admitted and appropriately marked as
exhibits. Then, each Appellant, one by one; expressed that they admitted the
narrated facts and exhibits to be true and correct.
The learned trial Magistrate made a finding that the Appellants
were guilty of the offences charged with. He convicted both Appellants as
charged and sentenced them accordingly but ordered all the sentences to run
concurrently. Despite their pleas of guilty, the Appellants were apparently
aggrieved. They filed an appeal to the High Court at Iringa which was heard on
extended jurisdiction. The Appellants preferred only one ground of appeal. In
sum, the first appellate court partly allowed the appeal, hence this second
appeal predicated on five grounds of appeal.