The Appellants were jointly charged with the offence of
neglect to prevent an offence at Kilwa District Court. It was alleged that they
neglected to prevent commission of the offence of stealing cement and paint
from the school store. The trial court convicted the Appellants and sentenced
each of them to 2 years’ imprisonment. They were aggrieved by the decision and
appealed to the High Court. Before the High Court it was contended on behalf of
the Appellants that no evidence was led to prove the elements of the offence of
neglect to prevent an offence which partly requires knowledge of the commission
of the offence.