3.
It emerges from the record that the Applicants were accused of forcibly
entering the residence of Ms. Nchagwa Mwita on 29 March 2005. In the
process, they allegedly inflicted bodily injury to Ms. Mwita and her grandson
and took her money. Subsequently, the Applicants were jointly charged with
the offences of armed robbery and causing grievous harm contrary to
Sections 285 and 286, and Section 225 of the Respondent State’s Penal
Code in the District Court of Musoma at Musoma.
4.
On 21 February 2006, the District Court found the Applicants guilty on both
counts of armed robbery and causing grievous bodily harm, and
subsequently sentenced them as follows: on the first count of armed
robbery, they were given a thirty (30)-year jail term, ordered to receive
twelve (12) strokes of the cane, and to compensate the victim for injuries
sustained in the amount of One Hundred Thousand Tanzanian Shillings
(TZS 100,000) and to refund the robbed amount of Six Hundred Thousand
Tanzanian Shillings (TZS 600,000). In the second count, the Court
sentenced the Applicants to five (5) years’ imprisonment, twelve (12)
strokes of the cane, and ordered them to pay Two Hundred Thousand
Tanzanian Shillings (TZS 200,000) in compensation, with each Applicant
paying One Hundred Thousand Tanzanian Shillings (TZS 100,000). The
sentences imposed with respect to both counts were to run concurrently.
5.
Dissatisfied with the decision of the District Court, the Applicants appealed
to the High Court of Tanzania at Mwanza and subsequently, to the Court of
Appeal of Tanzania. Both Courts upheld the Applicants’ conviction and
sentences, and dismissed the appeals on 10 November 2010 and 29 July
2013, respectively.
6.
The Second Applicant claims that he lodged an application for review with
the Court of Appeal on 19 April 2013, but his application was not heard,
while similar applications that had been filed after his were heard.
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