A Critical Examination of the Law Governing Independence of Judiciary in Tanzania: The Case of Appointment and Removal of Judges from Office.

Kisusi, Joseph (2025) A Critical Examination of the Law Governing Independence of Judiciary in Tanzania: The Case of Appointment and Removal of Judges from Office. Masters thesis, The Open University of Tanzania.

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Abstract

This study examines critically the law governing judicial independence in Tanzania in the context of appointment and removal of judges from office. The study had two objectives namely to examine the current legal and regulatory framework governing appointment and removal of judges from office and the legal gaps available on the framework. The study adopted doctrinal research approach with an analytical and descriptive research design. Data was collected through various Acts of Parliament and scholarly materials. Data collected were analyzed by using legal analysis methods. The findings observed that the jurisdiction has got laws to regulate appointment and removal of judges from office. Meanwhile, the law governing appointment has lacunae as the executive dominates the process of appointing judges and their removal from office. For instance, President after consultation with the Chief Justice, suspends the Judge or Justice of Appeal and constitute a special tribunal. The law had not stipulated the time frame would president suspend the judge and had not provided time frame would he appoint the special tribunal nor the time frame would the tribunal investigate the matter and commence disciplinary proceedings to completion. Similarly, it is silence on the time frame would the President comply with the advice of the special tribunal and judges have got no avenue to appeal. Therefrom, it is recommended that the law governing appointment and removal of judges from office be amended to rectify the anomalies. Keyword: Law Governing Judicial Independence, Appointment, Removal of Judges from Office.

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