4.
On 8 April 2005, the Resident Magistrate Court with Extended Jurisdiction
at Mwanza convicted the Applicant of murder and sentenced him to death
by hanging. Dissatisfied with the conviction and sentence, the Applicant
appealed to the Court of Appeal at Mwanza, which upheld the conviction
and sentence on 29 April 2010.2
5.
Subsequently, on 7 September 2010, the Applicant filed a notice of motion
for extension of time to institute an application for review of the judgment of
the Court of Appeal. According to the Applicant, the notice of motion was
dismissed by a Ruling that was delivered on 19 September 2013.
B. Alleged violations
6.
The Applicant claims that the Respondent State convicted him on the basis
of evidence obtained from the weakest visual identification of a single
witness. He contends that such evidence was unsworn and uncorroborated
and had
several basic contradictions and
inconsistencies which
compromised its credibility. According to the Applicant, the Court of Appeal
of the Respondent State denied itself the opportunity to correct such errors
by refusing to grant his request for the extension of time to file his application
for review of its judgment. Consequently, the Applicant alleges that the
Respondent State violated his right to equal protection before the law and
his right to a fair trial protected under Articles 3 and 7 of the Charter,
respectively.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
7.
The Application was filed on 22 January 2019 and the Applicant’s
submissions on reparations were filed on 18 February 2019.
2
It should be noted that Resident Magistrates with extended jurisdiction could be empowered under
Section 173 of the Criminal Procedure Act (CPA) of the Tanzanian Criminal Procedure Code to try
offences which “would ordinarily be tried by the High Court”.