000ts 5. The individuals ordered Ms. Rhobi and the children to lie face down, stating that they had come to claim the pension benefits paid to them from the estate of her late husband and the father of the two children. when the family refused to comply, two of the attackers injured the children using a machete, while the third assailant who was keeping guard fired a warning shot. 6. Ms. Rhobi took the two assailants who had attacked the children into her bedroom and handed to them one million Tanzanian Shillings (about 450 United States Dollars). After counting the money under the glare of a lantern, the assailants took two bags full of clothes and fled. 7. Following Ms. Rhobi's and her children's distress calls, many people, including one, Mr. Yusuf Bwiru, came to their rescue. Mr. Bwiru subsequenly stated in his testimony that he found Ms. Rhobi and her children crying and calling the names of their neighbour Mr. Bihari Nyankongo, his nephew (the Applicant) and another individual not identified, as the attackers. The victims maintained their accusation before Mr. Anthony Michack, the Commander of the local civil defence group and later at the Police Station, where they had been taken. 8. The Police investigation, which opened on 6 April, 2004, led to the recovery of an unused bullet and a cartridge from the scene of the attack and subsequenly to the arrest of Mr. Nyankongo. The latter allegedly admitted to having been involved in the attack, returned the stolen clothing to Ms. Rhobiand her chiffren, denounced his accomplices and provided information on their whereabouts. consequenily, on 7 April, 2004, the Applicant was arrested in his village. 9. charged with crimes of inflicting bodily harm and armed robbery contrary to sections 228 (i),285 and 286 of the Tanzanian penal code in criminal Case No. 213 of 2004 in the District court of rarime, the Applicant was convicted and sentenced to thirty (30) years in prison and twelve (12) strokes of the cane. 10. Following the Applicant's appeal, the conviction and sentence were subsequently confirmed by the High court of ranzania sitting in Mwanza on 5 August, 2005, in Criminal Case No. 445 of 2005, and bvt Court of ppeal of Tanzania on 19 September,2O12, in Criminal Appeal No 4 I 4 I