114. Regarding the Applicant’s allegations, the Respondent State avers that the
Applicant’s conviction was upheld based on the doctrine of recent
possession as illustrated by the Court of Appeal’s judgment. The Court of
Appeal, the Respondent State argues, sustained the conviction upon
finding that the trial court properly applied the doctrine. It is the Respondent
State’s submission that in the case at hand, as the Court of Appeal
judgment reveals, it was the Applicant who led the police to where the
stolen items were located and their owner PW1 correctly identified them
while in the possession of the Applicant. The Respondent State concludes
that given that domestic courts conclusively determined evidential matters
properly, having proved the case against the Applicant beyond reasonable
doubt, the Applicant’s allegations lack merit and should be dismissed.
***
115. Pursuant to Article 7(1)(c) 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.
116. The Court 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 evidence. As an international
human rights court, the Court cannot take up this role from the domestic
courts and investigate the details and particularities of evidence used in
domestic proceedings.44
117. Having noted that, the Court also recalls its position that while it does not
have the power to evaluate matters of evidence that were settled in national
courts, it is nevertheless vested with jurisdiction to determine whether the
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.
44
32