The matter of John Mwita v. United Republic of Tanzania: Application no. 044/2016

Abstract

It emerges from the record that the Applicant, along with three (3) other individuals who are not parties to this Application, was apprehended and accused of robbing one Machude Nfungo, on 12 March 2007 at about 20:45 hours in the Mara Region within the Respondent State. Subsequently, all the four suspects were charged at the District Court of Musoma, with the offence of armed robbery contrary to Section 287A of Respondent State’s Penal Code. The District Court convicted the Applicant and two (2) co accused and sentenced them to thirty (30) years in prison but acquitted the third co-accused on 9 May 2008. The Applicant and the two (2) co-accused appealed against their conviction and sentence to the High Court at Mwanza. The appeal was dismissed through a judgment delivered on 27 September 2010. Dissatisfied with this, they further appealed to the Court of Appeal.