000519 2010 at the High Court of Tanzania at Mwanza. On 8 December 2010, the High Court of Tanzania at Mwanza, dismissed the appeal. o On 21 December 2010, the Applicant filed an appeal which was subsequenfly registered as Criminal Appeal No. 102 ol2011at the Court of Appeal of Tanzania at Mwanza. On 29 July 2013, the Court of Appeal dismissed the appeal and upheld his conviction and sentence. On 13 September 2013, the Applicant filed CriminalApplication No. 16of 2013forReviewof theCourtof Appeal'sjudgment of 29 July 2013. This Application for review was pending at the time of filing of the Application. 7. The Applicant filed the present Application on 5 December 2015 B. Alleged violations 8 The Applicant alleges that the Respondent State has violated his rights under Article 2 of the charter on the right to non-discrimination and Article 3 on the right to equality before the law and to equal protection of the law. He alleges that these violations occurred when the Court of Appeal: Disregarded the fundamental evidence tendered by the prosecution relating to his identification at the scene of the incident and the cautioned statement that he made. lt Upheld his conviction and sentence without altering the offence he was charged with, from armed robbery to theft, and that it consequenfly ought to have changed his sentence and considered the Applicant's mitigation and plea for his lenlency. t Delivered a judgment that was contrary to the laws of Tanzania especially the Criminal Procedure Act. 9. The Applicant alleges that the violation of his rights should be remedied to Article 27(1) of the Protocol and Rule 34(5) of the Rules 4 g{ \+-( pursuant /