II.
SUBJECT MATTER OF THE APPLICATION
A. Facts of the matter
3.
On 16 December 2012, along Nyerere Road in Dar es Salaam, a motor
vehicle transporting cash belonging to Mohamed Enterprises was
ambushed by robbers. During the robbery, an accountant with Mohamed
Enterprises, Aliasger Saggid and a police officer, F.7091 PC Godwin, were
shot dead.
4.
Subsequently, the police arrested eight (8) people3 who were charged,
before the High Court sitting at Dar es Salaam, with the murder of the two
(2) persons. In the course of the trial, the State entered a nolle prosequi with
respect to three (3) of the accused persons4 and the trial proceeded as
against the remaining five (5) accused. At the end of the trial, the High Court
convicted four (4) of the accused persons and acquitted one (1).5
5.
The four (4) convicted individuals appealed to the Court of Appeal sitting at
Dar es Salaam. The Court of Appeal acquitted one (1) of the appellants6
and upheld the conviction and sentence of the three (3) appellants who are
now before this Court.
B. Alleged violations
6.
The Applicants allege that, due to the manner in which their trial was
conducted, the Respondent State violated their Charter guaranteed rights
as follows: the right to non-discrimination – Article 2; the right to equality
before the law and equal protection of the law – Article 3; right to life – Article
4; the right to dignity – Article 5; the right to a fair trial – Article 7; and the
3
The eight were: Ibrahim Yusuph Calist Bonge, Rajabu Mohamed Salumu Msologoni, Khamis Ali
Ramadhani, Abdala Shabani Ramadhani Dudi Dulla, Simba Aloyce Simba Hatibu, Ramadhani Saidi
Mangu, Ally Ramadhani Kilongozi Balikulije and Shabani Ramadhani.
4 The nolle prosequi (a formal withdrawal of a prosecution) was entered in respect of the following:
Abdala Shabani Ramadhani Dudi Dulla, Ramadhani Saidi Mangu and Shabani Ramadhani.
5 Khamis Ali Ramadhani was the one acquitted at the end of the High Court trial.
6 The Court of Appeal acquitted Ally Ramadhani Kilongozi Balikulije.
3