domestic procedures fulfilled international human rights standards. The
Court intervenes when there is a manifest error in the assessment of the
national Courts that would result in miscarriage of justice.28
70. In the instant case, the Court notes that both the High Court and Court of
Appeal considered the evidence presented to which they applied both the
law and extensive case law29 on the use of circumstantial evidence for the
offence of rape. Furthermore, both courts considered the Applicant’s
defence and his demeanour, the medical examination form of the victim,
took into account the testimony of the witnesses, considered the birth of the
child who was given the Applicant’s surname, considered the Applicant’s
failure to cross examine the witnesses and arrived at the conclusion that the
prosecution proved its case beyond reasonable doubt. In view of the
circumstances, this Court does not find any reason to intervene as there is
no evidence that the manner in which the domestic courts conducted their
proceedings led to a miscarriage of justice or manifest error.
71. In the light of the above, the Court holds that the Respondent State did not
violate the Applicant’s right to a fair trial as enshrined in Article 7(1)(c) of the
Charter regarding the conviction and sentencing of the Applicant.
VIII. REPARATIONS
72. The Applicant alleges that before his imprisonment, he earned a living as a
petty trader dealing in clothes and also had a motor cycling business whose
proceeds enabled him to provide for his family. He prays the Court make an
order for:
28
John Mwita v. United Republic of Tanzania, ACtHPR, Application No. 044/2016 Judgment of 13
February 2024 (merits and reparations) § 21.
29 Hassan Bundala & Swaga v. The Republic, Criminal Appeal No. 386 of 2015 (unreported); Nazir
Mohamed & Nidi v. The Republic, Criminal Appeal No. 321 of 2014; George Mali Kemboga v. The
Republic, Criminal Appeal No. 327 of 2013; Sadiki Marwa Kisase v. The Republic, Criminal Appeal No.
83 of 2012 (all unreported); Damian Ruhele v. The Republic, Criminal Appeal No. 501 of 2017
(unreported).
20