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

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