85. Having noted that, the Court also restates its position in Kenedy Ivan v.
Republic of Tanzania that while it does not have the power to evaluate
matters of evidence that were settled in national courts, it does have the
power to determine whether the assessment of the evidence in the national
courts complies with relevant provisions of international human rights
instruments.30
86. In the present Application, the judgments of the domestic courts show that
all the three courts, that is, the District Court, the High Court and the Court
of Appeal relied on the evidence of four (4) witnesses and fairly evaluated
the said evidence.31
87. Regarding the evidence presented by PW1, all the three domestic courts
held that the victim significantly named the Applicant at the earliest possible
time to her friend PW2 as well as to the police and that she was a reliable
witness. Regarding the evidence of the other three (3) witnesses, all three
courts held that the evidence considered was enough and substantial to
make the conviction stand.32 In any event, while examining the Applicant’s
claim on identification, this Court has earlier concluded that the Applicant’s
identification in the proceedings did not lead to any breach of procedural
rights.
88. The Court takes note of the other factors that were mentioned by the
Applicant which he claims should have been taken into account by domestic
courts in the assessment of the evidence before them. In respect to the said
issues, the Court notes that both the High Court and Court of Appeal
examined the submissions and evidence before them and held that there
was no material contradiction in the evidence of the prosecution. Having
done so, both the High Court and the Court of Appeal highlighted, in their
30
Ivan v. Tanzania (merits and reparations), supra, § 61; and Abubakari v. Tanzania (merits), supra, §§
26 and 173.
31 Republic v. Jackson S/O Godwin, Criminal Case No. 44/2013, supra, pages 26-34; Jackson Godwin
v. The Republic, Criminal Appeal No.45 of 2014, supra, pages 2-3; and Jackson Godwin v. The
Republic, Criminal Appeal No. 278 of 2015, supra, pages 1-3.
32 Ibid.
21