withdrawal has no bearing on pending and new cases filed before the
withdrawal came into effect one (1) year after its deposit, in this case, on 22
November 2020.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that on 3 April 2009, the Applicants, together with
four (4) other persons who are not part of the present Application, broke into
the Twaha family home and assaulted some of the family members with
machetes. One of the victims of the assault was a seven (7) year-old child,
Muktari Twaha, who was severely injured and died on 5 April 2009 at
Bukoba Regional Hospital.
4.
On 20 February 2010, the Applicants were arrested and subsequently
charged with murder before the High Court sitting at Bukoba. On 3 July
2014, the High Court found the Applicants guilty of murder and sentenced
them to death by hanging. Four (4) of the Applicants’ co-accused were
acquitted.
5.
Aggrieved by the decision of the High Court, the Applicants filed an appeal
to the Court of Appeal sitting at Bukoba, which dismissed their appeal on 20
February 2015.
B. Alleged violations
6.
The Applicants allege that the Respondent State violated their rights to nondiscrimination; equality before the law and equal protection; life; dignity; and
a fair trial protected under Articles 2, 3, 4, 5 and 7 of the Charter respectively.
They specifically contend that the violations occurred because:
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §§
37-39.
3