Abstract

In Tanzania, the right to speedy a trial is guaranteed under Article 107A (2)(b) of the Constitution of the United Republic of Tanzania. However, because of undue delay the right to speedy trial is not made accessible to the citizens of Tanzania, therefore speedy trial should be of essence in the administration of criminal justice in Tanzania. The traditional mechanisms of dealing with matters of a criminal nature do not at any stage of the process incorporate ADR as it is done in civil matters, though there are laws in place for the implementation of ADR in criminal matters as well. These laws encourage Courts to promote reconciliation and facilitate the settlement of criminal matters in an amicable way, particularly in cases of common assault of a personal or private nature. It is the reluctance by courts to apply ADR in criminal matters of a less serious nature that has compelled the observations enriched in this paper. The paper aims to assess the effectiveness of the laws in fostering reconciliation in criminal cases in Tanzania. Lastly, the paper examines the challenges to the applicability of ADR in criminal matters

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