103. The Court further notes that the Court of Appeal also relied on the
testimonies of PW5, PW6, PW8 and PW9 in finding that Exhibit P9,
containing the human body parts, belonged to the Applicant.
104. In light of the above, the Court dismisses the Applicant’s allegation of a
violation of his right to fair trial by reason of the domestic courts’ reliance on
DNA evidence.
iii. Acquittal of co-appellants
105. The Applicant submits that the Respondent State violated his right to a fair
trial when the Court of Appeal acquitted the third and fourth appellants while
convicting him. This, he submits, is the case because the facts of the case
were very similar.
*
106. The Respondent State refutes this allegation and submits that there was no
unequal treatment in the acquittal of the other appellants. It points out that
specific evidence had been presented against all the accused persons
before domestic courts. It submits that the Applicant was convicted based
on the strength of EP7 as well as the possession of a box having fingers
and other tissues of a human being which were proved to belong to Henry
Mwakajila.
***
107. The Court notes that in the Court of appeal, the evidence against each
appellant was reconsidered. It was on the basis of this reconsideration that
the conviction against the Applicant was upheld while the convictions of the
other appellants were set aside. In its evaluation of the record, the Court
has found no error in the manner in which the Court of Appeal evaluated the
evidence considered by the High Court resulting in the eventual acquittal of
some of the appellants. The Court also takes notice that each of the
individuals charged with the murder of Henry Mwakajila needed to prove
their own innocence given that specific evidence was brought against each
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