132. The Court notes that it has earlier found that the Respondent State violated
the Applicants’ right to life and right to dignity on account of which they
suffered moral prejudice. Accordingly, the Applicants are entitled to
reparations for the moral prejudice suffered.
133. The Court also notes that the disruption of Applicants’ life plan is related to
their incarceration. However, since the Court has not found the Applicant’s
conviction to be unlawful, it cannot award any reparations for harm suffered
as a result of the incarceration per se.
134. Equally, the Court notes that the Applicants do not prove their relationship
to the alleged indirect victims. In the circumstances, the Court dismisses the
claim for reparations for moral prejudice suffered by alleged indirect victims.
135. ln view of all of the above, and taking into account other similar cases
involving the Respondent State, the Court awards each of the Applicants
the sum of Three Hundred Thousand Shillings (TZS 300,000) as moral
damages.
B. Non pecuniary reparations
136. The Applicants pray the Court to set “aside the death sentence imposed on
the Applicants and [to order] their removal from death row”. They also pray
the Court to restore their liberty and to order the Respondent State to amend
its law to ensure the respect for the right to life.
i.
Amendment of laws
137. The Applicants pray that the Respondent State be ordered to amend its laws
to ensure respect for the right to life under Article 4 of the Charter by
repealing the mandatory death sentence for the offence of murder.
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