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SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges
from the Application that, on 6 June
2003,
the Applicant was
arrested for having committed armed robbery of a pick-up vehicle at a place
known
as Sinza Madukani,
in Dar es Salaam.
He was
prosecuted for the
offence in Criminal Case No. 95/2003 before the Kibaha District Magistrate
Court.
4.
Following
his appearance
in Criminal Case
No. 95/2003,
the Applicant was
released on bail on 7 November 2003. While he was out on bail in this case,
on 3 September 2004, he was again arrested and charged in a second case,
that is, Case No. 194/2004, before the same Court, for conspiracy to commit a
felony and for the offence of robbery. It was alleged that he had stolen a saloon
car at Korogwe area in Kibaha District.
5.
In the first case,
Criminal
Case
No.
95/2003,
he was
convicted
of armed
robbery and sentenced to thirty (30) years imprisonment on 22 September
2005. The Applicant appealed against his conviction and sentence before the
High Court of Tanzania at Dar es Salam on 28 April 2006 by Criminal Appeal
No. 45/2006. The appeal was dismissed on 21 November 2006.
6.
On 27 November 2006, he filed Criminal Appeal No. 141/2007 before the Court
of Appeal of Tanzania at Dar es Salaam, against the decision of the High Court
in Criminal Appeal No. 45/2006. The Court of Appeal dismissed this appeal on
29 May 2009.
7.
In the second case, Criminal Case
No. 194/2004, the Applicant was, on 3
October 2005, convicted of the count of conspiracy to commit a felony and for