00135r as given by the High Court as follows: 'There is only one sentence which this Court is authorised by law to give, which is to suffer death by hanging. lt is accordingly ordered that all the accused persons are sentenced to suffer death by hanging".ao 109. The Court observes in light of the above that, the mandatory imposition of the death penalty as provided for in Section 197 of the Penal Code of Tanzania does not permit a convicted person to present mitigating evidence and therefore applies to all convicts without regard to the circumstances in which the offence was committed. Secondly, in all cases of murder, the trial court is left with no other option but to impose the death sentence. The court is thus deprived of the discretion, which must inhere in every independent tribunal to consider both the facts and the applicability of the law, especially how proportionality should apply between the facts and the penalty to be imposed. ln the same vein, the trial court lacks discretion to take into account specific and crucial circumstances such as the participation of each individual offender in the crime. '1 10. The Court notes that the foregoing reasoning on the arbitrariness of the mandatory imposition of the death penalty and breach of fair trial rights, is affirmed by relevant international case-law.31 Furthermore, domestic courts in some African countries have adopted the same interpretation in finding the mandatory imposition of the death penalty arbitrary and in violation of due process.32 s See Ihe Republic v. Aily Rajabu and Others, Criminal Sessions Case No. 30 of 2008, Judgment of the High Court, 25 November 201 1 , Operative Part. 3r See Ihompso n, op. cit.i Kennedy v. Trinidad & Tobago, Comm. No. 84b/1999, U.N. Doc. CCPR/C/67/D/845/1999 (2002) (U.N.H.C.R.),7.3; Chan v. Guyana, Comm. No. 913/2000, U.N. Doc. CCPR/C/85/D/91312000 (2006) (U.N.H.C.R.), 6.5; Baptiste, op. cit.; McKenzie, op. cit., Hitaire and Others, op. cit.; Boyce and Another, op. cit. 32 See Francts Karioko Muruatetu & Another v. Republic [2017] eKLR; Mutiso v. Republic, Crim. App. No. 17 of 2008 at 8, 24, 35 (July 30, 2010) (Kenya Ct. App.): Kafantayeni v. Attorney Generat, l2OOtl MWHC 1 (Malawi High Ct.) and Attorney Genercl v. Kiguta (SC), t20091 UGSC 6 atgZ-45 (Uganda Sup. Ct.). 3l