II.
SUBJECT MATTER OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that the Applicants, together with a third
individual who is not part of this Application, were jointly tried before the
High Court sitting at Tanga with the offence of trafficking in Cannabis Sativa
contrary to the Drugs and Prevention of Illicit Traffic in Drugs Act. On 14
March 2014, they were convicted and sentenced to twenty (20) years
imprisonment but the third individual, who had been jointly charged with the
Applicants, was acquitted. The Applicants were also ordered to pay a global
fine of TSH 95 180 607 (Ninety-five million one hundred eighty thousand
and six hundred and seven Tanzanian Shillings), to be split evenly between
the two of them.
4.
The Applicants appealed against their conviction and sentence before the
Court of Appeal but their appeal was dismissed, in its entirety, on 28 July
2016.
B. Alleged violations
5.
Without specifying any provisions of the Charter, the Applicants allege a
violation of their right to fair trial on the following grounds:
i.
The Court of Appeal failed to determine the exact weight of the Cannabis
Sativa that was tendered by the prosecution as Exhibit P.2 as well as
the types of bags in which it was found;
ii.
The Court of Appeal erred in law by failing to consider if the Applicants
were indeed caught in possession of the Cannabis Sativa;
iii. The Court of Appeal failed to establish why it took more than three
months for the Respondent State to take the Cannabis Sativa to the
government chemist for evaluation;
iv. The absence of a Supreme Court in the Respondent State has
contributed to a violation of their rights.
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