before the entry into force of the said withdrawal one (1) year after its deposit
which, in the present case, is on 22 November 2020.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the Matter
3.
It emerges from the records that the Applicant, Mulokozi Anatory, and two
other accomplices, Batula William and Mwarabu, grotesquely murdered
Shukuru Teleshphory on 17 January 2010 between Kigarama and
Rutunguru village, Karagwe District in Kagera Region. They hit him with an
iron bar on the back of his head, struck him with a stick on the stomach and
dismembered his body by cutting out his tongue, an ear and his genitals.
4.
Following the finding of the corpse, the matter was reported to the village
authorities who apprehended the Applicant and his accomplices. During the
apprehension, the mob attacked the offenders and beat the two
accomplices to death while the Applicant was saved by the police who
rushed him to the police station for processing, where he allegedly
confessed to committing the crime.
5.
The Applicant was charged and convicted of the offence of murder in
Criminal Case No. 58 of 20103 on 6 March 2014 by the High Court of
Tanzania at Bukoba. He subsequently appealed the decision to the Court
of Appeal of Tanzania at Bukoba. On 23 February 2015, the Court of Appeal
dismissed the appeal on the ground that it lacked merit thereby upholding
both the conviction and sentence of the High Court.
6.
In his Application filed on 15 September 2016 before this Court, the
Applicant requested the Court to order provisional measures restraining the
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
3 Contrary to Section 196 of the Penal Code CAP 16.
3