Unanimously,
On reparations
On pecuniary reparations
vii.
Grants the Applicant’s prayer for reparation for moral prejudice
suffered and awards him the sum of Tanzanian Shillings Three
Hundred Thousand (TZS 300,000);
viii. Orders the Respondent State to pay the sum ordered in (vii) free
from tax as fair compensation to be made within six (6) months
from the date of notification of this Judgment, failing which it will
be required to pay interest on arrears calculated on the basis of
the applicable rate of the Central Bank of Tanzania throughout
the period of delayed payment until the amount is fully paid.
On non-pecuniary reparations
ix.
Dismisses the Applicant’s prayer for the Court to quash his
conviction and order his release from prison;
x.
Orders the Respondent State to take all necessary constitutional
and legislative measures, to remove, the mandatory imposition
of the death penalty from its Penal Code, within six (6) months
of the notification of this Judgment.
xi.
Orders the Respondent State to vacate the death sentence,
remove the Applicant from death-row and rehear his case on
sentencing through a procedure that allows judicial discretion,
within one (1) year of the notification of this Judgment;
xii.
Orders the Respondent State to take all necessary measures
within six (6) months of the notification of this Judgment, to
remove “hanging” from its laws as the method of execution of the
death sentence.
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