and held that it was sufficient to uphold the decision of the High Court.
Based on the evidence that was produced in court and that led by the
defence, the Court ultimately held that the Prosecution had proven its case
beyond reasonable doubt, and convicted the Applicant. The Respondent
State argues that the Applicant’s allegations do not have merit and prays for
their dismissal for lack of merit.
***
95. Pursuant to Article 7(1)(b) of the Charter, every individual has the right to
have his cause heard and the right to be presumed innocent until proven
guilty by a competent court or tribunal.
96. The Court notes that upholding the right to a fair trial “requires that the
imposition of a sentence in a criminal offence, and in particular, a heavy
prison sentence, should be based on strong and credible evidence”. 39 As
this Court has also held in Diocles William v. United Republic of Tanzania,
the principle that a criminal conviction should be “established with certitude”
is a crucial principle in cases where the death penalty is imposed.40
97. The Court further recalls its position in Kijiji Isiaga v. United Republic of
Tanzania where it held that domestic courts enjoy a wide margin of
appreciation in evaluating the probative value of a particular piece of
evidence. As an international human rights court, the Court cannot usurp
this role from the domestic courts and investigate the details and
particularities of evidence used in domestic proceedings.41
98. Having noted that, the Court also reiterates its position that while it does not
have the power to evaluate matters of evidence that were settled in national
courts, it is vested with jurisdiction to determine whether the assessment of
39
Abubakari v. Tanzania (merits), supra, § 174; Juma v. Tanzania (judgment), supra, § 70 and Isiaga
v. Tanzania (merits), supra, § 67.
40 Wiliam v. Tanzania (merits), supra, § 72.
41 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 65 and Wanjara
& 4 ors v. United Republic of Tanzania (judgment) (25 September 2020) 4 AfCLR 673, § 78.
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