For the Respondent:
- Mr. Ramadhani Athumani Mungi, currently the Regional Police Commander in lringa, who was the Officer
Commanding the Criminal Investigation Department (OCCID) in Arusha at the time the events forming the
basis of the Applicant's complaints allegedly occurred.
- Mr. Salvas Viatory Makweli, currently a Police Officer in Muleba District, and Assistant Superintendent of
Police, who was an Inspector of Police in Arusha at the time the events forming the basis of the Applicant's
complaints allegedly occurred, and who was in charge of the search con.Qucted in the Applicant's house
on 12 September '
- Mr John Mathias Maro, currently the (OCCID) in Shinyanga District and Assistant Superintendent of
Police, who was an officer on the Criminal Investigation Department in Arusha of the rank of Assistant
Inspector at the time the events forming the basis of the application occurred - Mr. Leonard Paul, currently
an Assistant Commissioner of Police and the Regional Police Commander of Geita Region, who had the
rank of Superintendent of Police in Arusha and was a Regional Criminal Officer at the time the events
forming the basis of the Application occurred. - Mr Wilson Mushida an Assistant Superintendent of Prisons
at the Central Prison of Arusha who, at the time the events forming the basis of the Applicant's complaints
allegedly occurred, was an Assistant Inspector of Prisons working at the Reception Department of the
Central Prison of Arusha.
50. At the hearing, following oral submissions by the Parties, the Court ruled, by a majority of six to four,
that it would not hear the Applicant's expert witness. In respect of the Parties' witnesses, questions were
also put by Members of the Court to which replies were given orally In respect of the Parties'
representatives, their submissions and replies to questions from Judges were given orally and in writing.
51. By separate letters dated 12 December 2013 the Registrar forwarded to the Parties copies of the
verbatim record of the public hearings and informed them that their comments on the same, any, had to be
sent within thirty (30) days. None of the Parties sent any observations on the verbatim record.
Historical and factual background to the Application
52. On 12 September 2007, the Applicant 's wife, Nakuhoja Moses Miyombo, who was expectant at the
time, was detained by the Police in connection with an alleged robbery which had occurred in Arusha on
the same day. The Applicant alleges that his properties were also seized by the Police on the same date,
without a certificate of seizure or a search warrant. All these happened in his absence. On his return to
Arusha on 26 October, 2007, the Applicant went to the Police Station to find out why his wife was being
held by the Police and why his property had been seized He was then detained by the Police from that day
until 8 November 2007 when he was, for the first time, brought before Court Thereafter he remained 1n
custody pending trial until his release on 3 May 2013.
53. The Applicant was charged with several counts of conspiracy, robbery, murder, armed robbery, rape
and kidnapping as follows :
1. Criminal Case No. 915/2007 dated 8 November 2007 wherein the Applicant was jointly charged with
Akida Mohamed, with conspiracy to commit an offence and stealing. This case eventually became
Criminal Case No. 712/2
2. Criminal Case No. 931/2007 dated 30 November 2007 wherein the Applicant was charged jointly
with Hamisi Jumanne and Rajabu Hamisi, with armed robbery. On 19 February 2008, he was
charged alone in Criminal case No. 931/2007, with armed robbery
3. Criminal Case No. 933/2007 dated 8 November 2007 wherein the Applicant was charged with
murder. This Case eventually became Criminal Case No. 3 of 2009 dated 7 February 2009.
4. Criminal Case No.1027/2007 dated 16 April 2008 and the charge was armed robbery. This case
was withdrawn and eventually the case became Criminal Case No.883/2008 dated 2 December
7