MOCK TRIAL SCENARIO

1. Kadozo Yene and Chakaza Malulu are good friends and are both police
officers (detectives) working at Semtema Police Station. On the 12 th day of
February 2021 they received a file of a rape case from their superior, instructed
that further investigation should be conducted, the file indicated that it was
rape gang case, it also suggested three suspects i.e. kibatala (19), Mbogo (20)
and kinyambe (17) who were all named by eye witnesses. The suspects where
form four students at Klelu Secondary School located at Sabasaba Area within
Iringa municipality in Iringa region.

2. On the 13th day February 2021 the two officers procured an arrest warrant the
court, and on the same date they went to the school to execute the warrant,
upon arrival they confronted the Head Master who directed them, where they
could find the three students. The students were spotted hanging out around
an abounded unfinished building called science block.

3. With the company of the head master, the police officers approached the
three students and explained what was about to happen. The police officers
managed to apprehended the students, however kinyambe responded with
stiff resistance, so kadozo had to shift his focus in detaining kinyambe only by
applying extra force while the others where under chakaza. The officers
managed to drag them up to police motorcade (LandRover), and the three
were told to climb on the back cabin of the car and sit down.

4. Kibatala and mbogo responded to the command, but again kinyambe pulled
a stunt by pushing kadozo and started running back the school campus, at the
moment the head master had already resume back to his activities, under the
assumption the procedure was going smoothly and silently. As the chase
continued screams where heard from other students saying “MWACHIE
...MWACHIE ...”, Kadozo embarrassed with the stunt, he charged his speed and
managed to push down kinyambe, while down kadozo noticed a sharp pocket
knife had fell from kinyambe’s pocket, vehemently using his cudgel he
neutralized kinyambe. It was getting crazy, a mob of heated students was still
shouting and matching towards kadozo and kinyambe, but the officer showing
his expertise he had incarcerated the student with famously known technique
“Tanganyika jeki”.

5. Kadozo in fear knew it could get messy if the mob reached them, so he hauled
kinyambe towards the car and threw him inside the cabin, kinyambe landed
by banging his head, then Chakaza drove them out of there. Around 5 pm they
arrived at the Semtema police station and logging procedures where
conducted. Both officers agreed that interrogation and other procedures will
be conducted at the next day since it running very late.
 6. Kadozo alone was the officer on duty at the station, so while patrolling the
station around 8 pm parents of kibatala and kinyambe arrived at the station
requesting to bail all the three but kadozo explained to them, that the orders
were other procedures will be initiated next day, he instructed the parents just
to get them food and drinking water. The parents did as instructed and left the
station and also Kadozo passed the food the suspects.

7. “Afende Kichwa Kinauma” kinyambe screamed, kadozo was heard replying,

“niite kikipasuka”, it was 11pm when kinyambe started complaining, again at
1 am kinyambe banged the cell, calling the officer about the pain he was
enduring but this time no response was heard. At 3 am mbogo called out for
kadozo addressing the condition of kinyambe but kadozo replied he’s just
acting and went on patrolling. Silence truck the station, until the sound of
adhana from the close mosque was heard suggesting it was 5 am in the
morning.

8. A loud banging’s noise was heard coming from the cells, kadozo in shook went
immediately holding his AK 47, thinking an escape attempt was going on. But
to his surprise the suspects where still in the cell but they were shouting that
kinyambe is not moving and has been silent for hours, kadozo opened the cell
to have a close look and that’s when he noticed kinyambe was dead. While
trembling he moved the body from the cell and straight he called the officer in
charge and reported the incident, he was directed to keep watch that
assistance was coming.

9. Later the body was taken to the hospital, and immediate investigation was
ordered of the whole incidence, but mean while kadozo was put on temporary
leave and relived from his duties until investigation was complete, after three
weeks he was incarcerated while at home and later on charged with murder
of one kinyambe.
NOTE;

1. Assume sufficient evidence was compiled. A criminal case has been instituted
against kadozo and at this stage the case if fixed for hearing on the 12 th April 2021.
2. Both prosecution and defense side should have not more than 4 witnesses.
3. Counsels arguments should stick and base on the facts provided on scenario not
otherwise