K) The allegation that the sentence pronounced by the judge against the Applicant
was not applicable under Tanzanian law at the relevant time
200. In his Application, the Applicant alleges that even if there had been evidence indicting
him - which is not the case - the sentence of thirty years imprisonment
meted against
him was not applicable, and therefore that his conviction was unconstitutional [para 8].
He further alleged that the thirty years prison sentence was introduced and published in
Government Notice No. 269 of 2004 in Section 287 A of the Penal Code.
201. In his written submissions attached to the Application, the Applicant states that as of
2002, the Criminal Code did not provide for imprisonment of thirty (30) years; that the
Code provided for twenty (20) years imprisonment or life imprisonment; that the penalty
of thirty (30)
years
imprisonment
was
therefore
unconstitutional;
and
that the 2002
amendment which prescribed thirty (30) years imprisonment occurred after his conviction
on 21 July 1998. He invoked two Judgments of the Moshi High Court rendered in 2012
and 201325, which annulled the sentences of thirty years imprisonment handed down in
2001 and 2003.
202. In his Reply, the Applicant reiterated this position.
203. In its Response, the Respondent State refutes the allegation that the sentence could
not be thirty years in prison, and explains that according to Section 286 of the Penal Code,
the punishment prescribed was actually life imprisonment, but that the judge reduced it
to thirty years in consideration of the Minimum
Sentences Act which provided for this
minimum sentence for armed robbery. It maintained that the Government Notice No. 269
of 2004 cited by the Applicant was merely correcting a simple typographical error in the
numbering of Sections of the Penal Code of 2004.
25 The Applicant cites the following cases: Ramadhani Shekiondo and Alfayo Michael
Revision No. 2/2013; Emanuel Estomi H/C Moshi App. No. 28/2012
.
I
H/C Moshi, Criminal
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