II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that on 4 February 2008, the Applicant allegedly
set on fire Mr. Medadi Aloyce, a fisherman who was in her employment,
after dousing him with kerosene, in retaliation for his alleged theft of the
Applicant’s fishing boat. Mr. Aloyce subsequently died as a result of injuries
sustained.
4.
On the same day, 4 February 2008, the Applicant was arrested and
charged, before the High Court sitting at Mwanza, with the offence of
murder. The preliminary hearing was conducted on 15 February 2010 and
the trial commenced on 29 November 2010. In its judgment of 19
September 2011, the High Court found the Applicant guilty of murder and
sentenced her to death by hanging.
5.
On 11 March 2013, the Court of Appeal sitting at Mwanza dismissed the
Applicant’s appeal against her conviction and sentence. She subsequently
filed an application for review of the Court of Appeal’s decision, which was
dismissed on 19 March 2015.
B. Alleged violations
6.
The Applicant alleges a violation by Respondent State of Articles 1, 4, 5 and
7 of the Charter as follows:
a.
A violation of the Applicant’s right to a fair trial under Article 7 of
the Charter by:
i.
Detaining the Applicant for an unduly long period of time
before bringing her to trial and conducting an overly lengthy
trial.
ii.
Disregarding the principle of presumption of innocence.
3